St. Helena City Council
August 8, 2023

unanimously agreed upon by the Committee in a vote and approved by the City Council."
As the current Chair was elected by unanimous vote to serve for a third term, the City Council needs to consider the request at this time for the election process to be complete.

DOCUMENTS ATTACHMENTS:

Resolution Planning Commission Chairman to Serve Additional Year (John Ponte) PC BY-LAWS 2018-Final(Votes)
2014-45 Approving the City of St. Helena Protocol for Committee, Commissions and Boards and Related Documents
Agenda Item #9.9.

CITY OF ST. HELENA
RESOLUTION NO. 2023-XXX
Authorizing the Planning Commission Chairperson to
serve an additional year as Chairperson

RECITALS
A. Whereas the City of St. Helena Protocol for Committees, Commissions and Boards (approved by City Council Resolution 2014-45), states, "Annually, a committee will select a chairperson and vice chairperson. No member may serve more than two consecutive years as chair, unless unanimously agreed upon by the Committee in a sealed vote and approved by the City Council."; and
B. Whereas on July 18, 2023, the Planning Commission nominated and elected John Ponte to be the commission chair for another year; and
C. Whereas John Ponte service as the Chairperson of the Planning Commission exceeds the two consecutive years; and
D. Whereas there were no other nominations for the position of Chairperson and the votes for John Ponte to serve as the Chairperson of the Planning Commission were unanimous.

RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:

1. Makes the exception to authorize the Planning Commission Chairperson to serve an additional year, ending June 2024.

Approved at a Regular Meeting of the St. Helena City Council on August 8, 2023, by the following vote:

Mayor Paul Dohring:

Vice Mayor Eric Hall:

Council Member Anna Chouteau:

Council Member Lester Hardy:

Council Member Billy Summers:

Agenda Item #9.9.

APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.9.

Planning Commission By-Laws
July 17, 2018
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ST. HELENA PLANNING COMMISSION

BY-LAWS
The following rules shall be applicable to the organization of the St. Helena Planning Commission, to the convening or calling of meetings, and to the transaction of business when the Commission has convened and acts or serves in an official capacity, pursuant to law.

ORGANIZATION AND ELECTION

AND DUTES OF OFFICERS
RULE 1. The Commission shall elect a Chairperson and Vice Chairperson and designate a Secretary at the first regular meeting of the Planning Commission in July to serve for a period of one year from the date of their election. However, the Planning Commission, by majority vote, may choose to elect a Chairperson or Vice-Chairperson at a different meeting to address a resignation. In the case of a resignation of the Chair, the Vice-Chair shall become the interim Chair until formal election of a new Chairperson occurs.

RULE 2. The Chairperson of the Planning Commission shall preserve order and decorum and shall decide questions of order. The Vice Chairperson shall preside in the absence of the Chairperson.

RULE 3. The Chairperson of the Planning Commission may second any motion and present and discuss any matter as a member of the Commission without having to step down from the Chair and shall be entitled to vote on all matters before the Planning Commission.

RULE 4. The Secretary shall be a City Employee, normally the Planning Director.

RULE 5. The Secretary shall be responsible for the preparation of the Planning Commission minutes and shall assure that all official actions or decisions by the Commission shall be recorded within the minutes. Consistent with Municipal Code section 2.60.030, the Commission shall keep a public record of its resolutions, transactions, findings and determinations. Those records are kept as minutes that summarize Commission action, in the same manner as City Council minutes.

RULE 6. The City Attorney of the City of St. Helena shall be the legal counsel to the Planning Commission.

RULE 7. The video recordings of each meeting are designated as the official record of the Planning Commission agenda and action and are to be made available on the City of St Helena website.

SCHEDULE OF MEETINGS
RULE 8. The Planning Commission shall hold at least two Regular Meetings per month, which shall be held on the first and third Tuesdays of the month. In the event the first or third Tuesday is a holiday, an alternate meeting may be held. An additional Adjourned Meeting may be held, if Agenda Item #9.9.

Planning Commission By-Laws
July 17, 2018
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necessary. Such regular meetings may be canceled by a vote of the majority of Commission members present at a regular or special meeting or when a quorum is not available. Meetings shall be held in the same locale used by the City Council or at City Hall or the Fire Department starting at 6:00 P.M. Adjourned Meetings, Special Meetings, meeting relocation, or revised starting time shall be by a three-fifths vote of the Planning Commission. Notice of such meeting shall be given in accordance with State law.

RULE 9. Emergency or special meetings may be called as provided in Section 54956 of the Government Code of the State of California.

RULE 10. In the absence of a quorum all items on the agenda shall be continued to the next scheduled meeting.

AGENDA
RULE 11. An agenda shall be prepared by the Secretary of the Planning Commission for each meeting of the Planning Commission.

RULE 12. All matters to be considered by the Commission shall be properly filed with the City in compliance with the provisions, standards, and procedures established by adopted City Ordinances. The Secretary shall not accept for presentation to the Commission any matter unless it is properly made on the prescribed forms properly filled out with all data attached.

RULE 13. Any matter that comes before the Commission orally under Public Forum shall not be discussed or acted upon by the Commission unless and until it is heard as a scheduled agenda item at a Regular, Adjourned, or Special meeting of the Commission.

RULE 14. Request for informal or advance decisions concerning potential future developments or plans will not be considered by the Planning Commission.

RULE 15. The regular order of business of the Commission shall be:

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE & ROLLCALL

3. MINUTES APPROVAL

4. PUBLIC FORUM

5. COMMUNICATIONS & PETITIONS

6. RECOMMENDED CONSENTCALENDAR

7. CONTINUED ITEMS

8. SIGN PERMIT/ADMINISTRATIVE DETERMINATION

9. PUBLIC HEARINGS - PLANNING COMMISSION ACTION IS FINAL (DR/UP/VAR/LLA/TPM)

10. PUBLIC HEARINGS – PUBLIC HEARINGS/RECOMMENDATIONS TO CITY

COUNCIL (TSM/ZOTA/GPA/REZONE)

11. NAPA COUNTY REFERRALS

12. SCHEDULED MATTERS

13. REPORTS BY STAFF AND PLANNINGCOMMISSION

14. AGENDA FORECAST

15. ADJOURNMENT
RULE 16. The Chairperson may revise the order of the agenda for a particular meeting in order to expedite business for the convenience of the public or for improved continuity.

Agenda Item #9.9.

Planning Commission By-Laws
July 17, 2018
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RULE 17. Commission meetings may remain in session up to, but no later than 10:00 P.M.

However, the Commission may, by a unanimous vote, extend the meeting if the Commission deems such extension necessary. Otherwise, the meeting shall be adjourned to another day acceptable to the Commission, or unfinished business may be continued to the next Regular Meeting.

CONDUCT OF PUBLIC HEARINGS
RULE 18. Letters, petitions, or other written material pertaining to any item on the agenda may be filed with the secretary of the Commission prior to the time of the public hearing or may be presented to the Commission at the time of the public hearing. The Commission shall consider such material in deciding any issue before it. All written material shall become part of the Commission’s file on the agenda item.

RULE 19. Items submitted after packet distribution: Materials related to any item on the Agenda submitted to the Planning Commission after distribution of the agenda packet are available for inspection in the Secretary of the Commission’s office at 1480 Main Street, St.

Helena, CA during normal business hours. All such materials will be brought to the meeting and will be available for public inspection at the meeting site. Either City Staff or the Chairperson at the hearing shall give public notice of any such materials. If copies are not available in sufficient quantity for interested parties or members of the public at the hearing, the Chairperson shall take reasonable steps to afford all such persons the opportunity to inspect the materials before the start of the hearing on a scheduled matter. The purpose of the foregoing is to avoid the interruption of testimony with requests for inspection ofmaterials.

RULE 20. Any person desiring to address the Planning Commission may, when recognized by the Chairperson, give his or her name and address. A person appearing in a representative capacity shall provide the name and address of each represented party.

RULE 21. Testimony and argument relative to any item scheduled on the agenda as a Public Hearing shall, unless otherwise ordered by the Chairperson, be presented in the following order and within the time limitsspecified.
a. The Chairperson shall declare the Public Hearing to be open. b. Disclosure of Ex Parte Communication*
c. Staff Report, including acknowledgement and/or reading of written testimony. d. Presentation of the project by applicants, and/or agents/consultants directly associated with the project. (10 minutes)
e. Commission questions to staff and the applicant for purposes of clarification of staff report and proposed project.
f. Public Testimony in support or opposition of the project. (4 minutes per person) g. Applicant and/or staff response to new information or questions raised by public testimony. h. Chairperson declares public hearingto be closed.
i. Planning Commission debate, and motion.
j. Roll Call Vote.

Note: At the option of the Chairperson the public or applicant may give further testimony on the question, provided it is directly related to the motion. * Ex Parte Communication is hereby defined as any additional factual information obtained by commissioners that pertains to an individual decision, including visiting a project site, meeting with a project applicant and/or meeting with interested citizens.

Agenda Item #9.9.

Planning Commission By-Laws
July 17, 2018
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RULE 22. The Chairperson may, in the interest of facilitating the business of the Planning Commission, limit the amount of time that a person may use in addressing the Planning Commission. Opponents and proponents shall be given equal opportunity for presentation. A project applicant should always be given the right, reasonable opportunity and time, to respond fully to evidence and arguments presented after the applicant has made his/her opening presentation.

RULE 23. The applicant or his or her appointed representative may, with the permission of the Planning Commission, withdraw, or request a continuance on any matter pending before the Commission at any time prior to the Commission acting on such matter.

VOTING
RULE 24. A majority of the members of the Commission shall constitute a quorum. Unless otherwise required by federal, state or local regulation, the affirmative vote of a majority of the quorum is necessary to take action. If a majority is unable to be assembled on any motion (including a motion to continue a matter to a specific time) relating to a specific project for which the Commission must make a recommendation to the City Council, the project shall be referred to Council with a divided recommendation which reflects the individual votes of the Commissioners. If a majority is unable to be assembled on any motion (including a motion to continue a matter to a specific time) relating to a specific project for which the Commission has final authority, the matter before the Commission shall be deemed denied and the applicant may appeal such decision in accordance with the applicable rules. A tie vote, or deadlock, constitutes a denial unless the applicant requests a continuance of the item to a subsequent meeting at which a quorum is present, prior to a vote to deny the item.

RULE 25. On matters of procedure or order of business the Chairperson may make a motion and without a second and after calling for objection and hearing none, so order. In the event of objection, the Chairperson shall call for a second and a roll call vote.

MISCELLANEOUS
RULE 26. The Commission shall conduct their duties in keeping with the governing standards as provided by the Planning Commission Standards of Conduct document, maintaining the highest level of professionalism during their tenure serving the residents of the City of St. Helena.

RULE 27. Unless otherwise provided by these Rules, all proceedings before the Commission shall be conducted in accordance with and pursuant to the parliamentary rules of procedure as prescribed in “Rosenbergs’s Rules ofOrder.”
RULE 28. Testimony and argument relative to any other item on the agenda shall generally follow the procedure for a Public Hearing as may be modified at the discretion of the Chairperson.

RULE 29. Any rule of these By-Laws may be altered, amended, or repealed by majority vote of the Commission (subject to approval by the City Council), except that such alteration, amendment, or repeal shall not affect any pending matter.

RULE 30. Any rule of these By-Laws may be temporarily suspended by unanimous consent of the Commission.

RULE 31. A Resolution of the Planning Commission may be adopted conditionally and referred to the Secretary of the Commission for drafting in proper form.

Agenda Item #9.9.

Planning Commission By-Laws
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RULE 32. Commission members shall decide for themselves whether they have a conflict of interest on any matter before the Commission. Such determination shall be made in accordance with State law and the City of St Helena Protocol for Committee, Commissions and Boards or any amendment thereto. When a member has disqualified himself/herself, he/she shall remove himself/herself from the dais stating their reasons for conflict of interest. The member shall also remove himself/herself from the meeting room, unless they are permitted to remain for a qualified interest as set forth in State law.

RULE 33. Failure to adhere to any of these rules does not result in the invalidation of any decision or action of the PlanningCommission.

RULE 34. Any violation of these rules does not result in a cause of action against the City of St.

Helena.

RULE 35. Subject to compliance with all established laws and regulations, any violation of these rules shall not impact the outcome of a vote or action on a specific project.

Amended, Approved and Adopted at a Regular Meeting of the Planning Commission on July 17, 2018, by the following roll call vote:

MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Commissioners Ponte, Monnette and Hardy
NOES: None
ABSENT: Commissioner Knudsen
ABSTAIN: None
Agenda Item #9.9.

Agenda Item #9.9.

CITY OF ST. HELENA
RESOLUTION NO. 2014-45
APPROVING THE CITY OF ST. HELENA PROTOCOL FOR

COMMITTEES, COMMISSIONS AND BOARDS AND RELATED

DOCUMENTS
WHEREAS, the City Council has a created a number of committees, boards and commissions, including the Planning Commission, the Parks and Recreation Commission, the Library Board of Trustees, the Tree Committee, the Sustainability Committee, the Multicultural Committee, the Active Transportation Committee, and the Water Board; and WHEREAS, the City's committees, commissions and boards provide a valuable service to the community and the City Council relies on these entities to provide information, advice, recommendations and decisions related to their area of expertise and authority; and WHEREAS, the City Council desires to standardize committee structure and operating procedures and provide necessary guidance in order to ensure these committees, commissions and boards are efficient and effective and serve in the best interests of the community; and WHEREAS, at its regular meetings of November 27, 2012, January 23, 2013, July 23, 2013, and June 10, 2014, the City Council discussed a draft City of St. Helena Protocol for Committees, Commissions and Boards, and received public testimony on the draft Protocol.

NOW, THEREFORE, BE IT RESOLVED that the St. Helena City Council adopts the St.

Helena Protocol for Committees, Commissions and Boards and related Meeting Ground Rules, Committee Standards of Conduct, Agenda format and Minutes format, as set forth in Exhibit A.

PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of St. Helena held on the gth of July, 2014 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

AnnNevero
Mayor
Councilmember: White, Sculatti and Mayor Nevero
None
Councilmember: Crull and Pitts
None
ATTEST:
1 Agenda Item #9.9.

City of St. Helena Protocol
for
Committees, Commissions and Boards (CCB)
St. Helena Committees, Commissions and Boards (CCB) function under the direction of the City Council on behalf of the City and its residents. The Council establishes committees by ordinance or resolution defining the role, purpose and membership. While each one functions specific to its purpose, all must follow the same overriding principles which are herein defined.

This protocol is intended to provide general guidance, and is not intended to supersede or conflict with any provision of State law, the St. Helena Municipal Code or other ordinance adopted by the City Council, which In the event of any conflict shall control.

ROLE AND PURPOSE
The City Council determines a committee's role and purpose at the time it is created, which should be defined clearly enough to easily communicate the purpose of the committee to the general public.

Committees may be 1) on-going standing committees, or 2) established for a specific purpose with an expected end date. Roles and purpose may be general or specific, but all will have a clearly defined goal, task or product.

Recommended changes in the role or purpose of a committee must be brought to the City Council to clarify how the proposed changes will provide improved or additional benefit.

MEMBERSHIP AND COMMITTEE STRUCTURE
The City Council defines the membership size by resolution or ordinance when establishing a committee. A committee consists of a minimum of five and a maximum of seven members, except the Planning Commission which consists only of five regular members. The Council may appoint up to two alternate members to serve on a committee in order to ensure a quorum can be reached if members cannot attend. City Council members and staff shall not sit as members on any committees. However, 1 Agenda Item #9.9.

the City Council may, in its discretion, appoint two Council members in the composition of a City Council subcommittee for a specific purpose.

As required by State law, the Mayor shall nominate committee members from the pool of applicants, and they will be appointed only after a majority vote approval by the City Council. Applicants may choose to attend the City Council meeting and make a statement in support of their application before the Council votes on the appointment.

Residency. Committee members must reside within the St. Helena City limits. The Council may approve an exception to this rule on a case-by-case basis. All five Planning Commissioners must live within the St.

Helena City limits.

Member Terms. Committee members will serve two years from the date of appointment, except Planning Commissioners who will serve four years. Non-standing committee membership will be based upon the timing of the specific project. In establishing a new committee, or when reducing existing terms from three years to two when those terms come up for reappointment, the Council may initially impose staggered terms consisting of one and two year terms.

Removal of a member may occur for reasons such as, but not limited to, excessive absences, Brown Act violations, and conduct violations. Recommendations to the City Council for removal may be made by a committee member, member of the public, staff member, or City Councilmember. Notwithstanding the foregoing, the City Council may in its discretion at any time vote to remove a member of any committee for any reason or none, with or without cause.

Committee Officers. Annually, a committee will select a chairperson and vice chairperson. No member may serve more than two consecutive years as chair, unless unanimously agreed upon by the Committee in a sealed vote and approved by the City Council.

The chairperson runs the meeting in accordance with the agenda. The vice chairperson has the same powers and duties of the chair if the chair is absent or unable to act. If both the chair and vice-chair are absent or unable to act, the committee selects by motion and majority vote one member as acting chair for the duration of the meeting or absence.

Subcommittees. The committee may in its discretion appoint members to subcommittees for the purpose of researching specific issues, conducting community outreach, and/or formulating recommendations to the committee, and may also engage experts or other persons (who will not be considered as members). Subcommittee membership will be less than a majority of the total membership of the committee. Prior to creating a subcommittee, the committee will consult with staff to determine whether the subcommittee is subject to the Brown Act, in which case formation of the subcommittee will be subject to Council approval.

Bylaws. Committees may adopt bylaws governing their work that are consistent with this protocol and other City laws. Proposed bylaws must be reviewed by staff and approved by the City Council. 2 Agenda Item #9.9.

MEETING ADMINISTRATION
• Committees should meet at a regular interval (day and time) and location to facilitate public attendance and to provide an accessible forum for the public to attend. • Committees and committee members shall conduct themselves in accordance with the requirements of State law and the Municipal Code.
• Meetings must be noticed to the public at least 72 hours prior to regular meetings, and 24 hours prior to special meetings, as required by the Brown Act. • All meeting notices must be posted outside St. Helena City Hall and on the City website. • Agendas must adhere to the form provided by the City to ensure consistency and clarity. • Meeting minutes will be recorded using the City template and submitted for approval at the next committee meeting. Once approved, the minutes are submitted to the City Clerk for official record.

Quorum and Voting. A quorum is required to hold a meeting. A quorum is defined as the majority of the number of members, not counting alternates, which officially comprise a committee. Absences and vacancies do not change the quorum number. For example, if a committee is established with five members, the quorum is three members. If there are two vacancies on the committee, the quorum is still three members.

If a committee meets but does not have a quorum, either through lack of a quorum at the start of the meeting or due to members leaving the meeting, the committee may not conduct its regular business.

In these instances, the committee may only act to adjourn to the next meeting date, recess, or take measures to obtain a quorum.

A majority vote is required to approve any action by the committee, unless otherwise required by law.

Alternate Members. Alternate members may vote only upon one of the following conditions:

1. Absence of one or more of the regular members of the committee; or

2. Disqualification of a regular member of the committee due to an expressed conflict of interest.

If more than one alternate member is present and only one vote is available, the alternate members will toss a coin to determine who may vote.

City Staff Liaison. The City Manager will designate a staff liaison to each committee. The liaison will be available to attend committee meetings at the request of the committee chair and with advance notice.

The staff liaison's role is to assist the committee in understanding City functions and requirements, such as state regulations, Municipal Code requirements, and conflict of interest and Brown Act requirements.

The staff liaison ensures the continued flow of information regarding the City's efforts and progress on work that pertains to the committee's topic area. The staff liaison will collect and file committee records and minutes.
3 Agenda Item #9.9.

CITY COUNCIL REPORTS
The chairperson or committee designee will appear at a City Council meeting at least once per quarter to report on the committee's activities and projects and to provide updates to the Council and community. The City Council will provide input and direction at that time. Committee chairpersons or designated committee members are encouraged to appear before the Council whenever they feel it is necessary to obtain Council direction or share information.

PROFESSIONALISM AND MEETING BEHAVIOR
As official representatives of the City of St. Helena, committee members are expected to conduct their duties in keeping with the St. Helena Committee Standards of Conduct and to maintain the highest level of professionalism during their tenure. Committees conduct City-sanctioned work for the benefit of all St. Helena residents.

All St. Helena committee meetings will be conducted in an open, fair and professional manner.

Committees must ensure a welcoming atmosphere for all participants. St. Helena Meeting Ground Rules must be posted at each meeting, and adhered to, in order to ensure meetings are efficient, productive and respectful.

Committees are formed to improve understanding, ideas, processes or outcomes, and by definition that means individuals will have, and should have, different, and perhaps controversial, opinions. Open, honest dialogue is the goal, and is not to be viewed as a problem. Discussion of topics, not discussion of individuals, should be the focus of committee members both inside and outside the meetings.

Committee members represent the City of St. Helena, and therefore may not negatively discuss members or public participants outside meetings. Members can request staff assistance, either during or after the meeting, with unruly or disruptive participants. No committee member should tolerate abuse toward other participants, members or themselves.

THE BROWN ACT AND CONFLICT OF INTEREST RULES
The Brown Act
Members of St. Helena committees are required to function under the Brown Act. Committees should have a clear understanding of Brown Act rules. The City will provide committees with Brown Act training materials, which must be reviewed by all members. Committee chairs can request specific information from City staff regarding Brown Act questions.

In general, the Brown Act requires all meetings of a legislative body of a local government, including all committees established by the St. Helena City Council, to be open and public. In some instances these requirements will apply to subcommittees.
4 Agenda Item #9.9.

• All meetings must be properly noticed and discussion items properly agendized. • A "meeting" means any gathering of a majority of the members of a committee to hear, discuss or deliberate on any matter within the committee's jurisdiction. • Communication outside a meeting by members is restricted by the Brown Act if that communication results in:
o A "serial" meeting involving a majority of the committee members. A serial meeting may occur if a member communicates to one member, who then communicates to another member, until a majority of members have become involved in the communication.
o a "spoke and wheel" meeting where a member separately communicates to a majority of members.
• In order to avoid unintended "meetings" involving a quorum, committee members should generally submit their comments to staff, and should not engage in "reply all" emails or emails or other communications involving a majority of the committee.

Violations of the Brown Act are serious, and can jeopardize the validity of committee decisions.

Violations that are willful can carry criminal penalties.

Conflicts of Interest/Due Process
In addition to the Brown Act, State laws, such as the Political Reform Act ("PRA"), impose certain conflict of interest rules on City committee members. For example, the PRA requires members to make certain financial disclosures and prohibits members' participation in decisions affecting members' financial interests.

As with the Brown Act, the City will provide committees with conflict of interest training materials, which must be reviewed by all members. Committee chairs can request specific information from City staff regarding conflict questions.

Conflicts may exist where a member lives in close proximity to a project site or other place affected by the committee's decision, or where a committee member's personal financial interests or the financial interests of a member's business, family or source of income may be affected by the decision to be made by the committee. In such instances, the member may be prohibited from participating in the decision.

Conflict of interest rules are complex. Moreover, as with the Brown Act, violations of the PRA are serious, and can jeopardize the validity of committee decisions. Violations can result in substantial fines and criminal penalties.

Committee members may receive assistance on questions from the State Fair Political Practices Commission ("FPPC"), which is the agency that is responsible for the implementation and enforcement of the PRA. In addition, Committee chairs may ask staff for assistance. Because conflict questions are often complex and fact-intensive, committee members are urged to attempt to identify potential conflict issues well in advance of meetings at which the decision is to be made. 5 Agenda Item #9.9.

Finally, in addition to conflict of interest rules involving financial interests under the PRA, some committee decisions on matters that require committees to act as "judges," as for example when the Planning Commission acts on subdivision map applications or use permits, variances and/or design review, fair hearing and due process requirements apply. Those requirements may preclude members from participating in decisions where the member is "personally embroiled" in the decision at stake, and also may require members to disclose information received outside of a public hearing so that stakeholders may also hear and respond to such information.

As with conflict and Brown Act requirements, committee chairs may seek assistance from staff with respect to fair hearing/due process issues, and members are urged to attempt to identify and disclose such issues well in advance of the public hearing.
6 Agenda Item #9.9.

City of St. Helena
Meeting Ground Rules

1. Start on time

2. Everyone come prepared

3. If you called the meeting, run it well

4. If you are at the meeting, participate

5. Stay on topic

6. One person speaks at a time

7. Be open and honest

8. Actively listen- no side conversations, texting or
cellphone use

9. No negative body language or personal attacks

10. End on time
7 Agenda Item #9.9.

[COMMITTEE NAME]

AGENDA -REGULAR MEETING
[MEETING ADDRESS]
[MEETING DATE AND TIME]
1) ROLL CALL: [LIST MEMBERS, COUNCIL LIAISON, AND STAFF LIAISON] 2) APPROVAL OF MINUTES: [Date of minutes]
3) PUBLIC FORUM: An opportunity for the public to directly address the [Committee] on items of interest to the public that are not listed on the agenda. Any person addressing the [Committee] should provide his or her name and address, and limit comments to five minutes. Because of restrictions imposed by the Brown Act, the [Committee] may not engage in substantive discussion, nor take action on matters not described on the agenda.
4) SCHEDULED MATTERS:
[List each item of business to be transacted or discussed at the meeting, with a brief description generally not exceeding 20 words and an approximate time allocated for the item.] 5) REPORTS AND ANNOUNCEMENTS BY MEMBERS AND STAFF: Reports by staff and/or [Committee] members on items of general interest. Brief questions for clarification may be posed and answered, and [Committee] members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the [Committee].
[List with approximate time allocated for each item]
6) DISCUSSION OF ITEMS TO BE PLACED ON THE NEXT MEETING AGENDA 7) ADJOURNMENT
The next regularly scheduled [Committee] meeting will be held on [Date]. This agenda was posted at City Hall, 1480 Main Street, and at [location where meeting will be held] on [Date].

Cindy Black, Interim City Clerk
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact City Hall at (707) 967-2792. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR35.102-35.104 ADA Title 11). However, City staff will attempt to assist at any time with accessibility. The City Clerk has equipment to assist those with a hearing impairment.
8 Agenda Item #9.9.

2) ROLL CALL:

MINUTES OF THE REGULAR MEETING OF THE
[COMMITTEE NAME]
[Meeting Location]
[Meeting date and time the meeting was called to order] PRESENT: [List members, Council liaison, and staff liaison. Guests and staff scheduled to give reports or presentations may also be listed. Do not list members of the public in attendance.] ABSENT: [List members, Council liaison, and staff liaison] 3) APPROVAL OF MINUTES: MIS: [Moved/Seconded: Name/Name]. Ayes: ["All" or individual names]. Noes: [''None" or Names]. Abstain: [''None" or Names]. 4) [UST ALL AGENDA ITEMS and, if a vote was taken, indicate MIS, Ayes, Noes, and Abstain.

Although not required, the minutes may briefly discuss major points of the discussion, report or presentation. Ifthere was no discussion of the agenda item, state so. For example:

A. Election of Officers: Susan Smith was elected Chairperson and John Davis was elected Vice Chairperson. MIS: Stuart/Price. Ayes: All. Noes: None. Abstain: None.

B. Green Building Regulations: The group reviewed the subcommittee's research on green building regulations and agreed to make a presentation to the City Council and seek direction from the Council on potential new regulations the Council may wish to adopt. The staff liaison will request an agenda item be placed on the City Council's agenda in January. MIS:

Gonzales/Moore. Ayes: All. Noes: None. Abstain: None.

C. Plastic Bag Ban. This item was not discussed. ]
5) ADJOURNMENT: The meeting was adjourned at [Time].

The next regularly scheduled [Committee] meeting will be held on [Date, location and time].

SUBMITTED BY:
9 Agenda Item #9.9.

Committee Standards of Conduct
Appointment to a City of St. Helena committee provides a unique opportunity for service to the community and leadership in the community. These positions carry an obligation of ethical conduct and personal integrity that will foster public respect, confidence and trust.

The Standards of Conduct are adopted to provide guidance to committee members to assist in fully understanding the role and responsibility of the position.

Responsibilities of Committee Service
In carrying out the responsibilities, committee members shall:

A. Perform their responsibilities in a manner that is efficient, courteous, responsive and impartial, providing fair and uniform treatment of all person and issues; B. Seek the overall public good in all decisions;
C. Foster effective, courteous and cooperative working relations with fellow members of the committee, the City Council, City staff, and the public; D. Serve as a communicator between the community and the City Council and City staff, and facilitate expression of citizen views;
E. Abide by all applicable Conflict of Interest laws, policies and regulations; Disclose possible conflicts of interest and not participate in any official decision which could materially affect the member's financial or personal interest, nor attempt to influence the vote on any such manner; F. Avoid any action which could be construed by an objective person to create the appearance of using public office for personal gain, including use of City stationery or other City resources to obtain or promote personal business, giving preferential treatment to any person or group, or impeding governmental responsiveness or efficiency;
G. Identify personal opinions and recommendations, avoiding any implication that they are those of the committee unless such position has been duly voted; and H. Refuse gifts, service or any promise of future benefit that could be construed to compromise independence of judgment or action as a public official.

Committee Behavioral Norms
A. Committee members are encouraged to share their opinions throughout the deliberative process including the rationale that led to their position.

B. The committee will allow sufficient time during meetings so members do not feel rushed and have time to digest what is said and form their own opinion.

C. Committee members will listen respectfully to each other and the public, and will respond to comments respectfully, avoiding verbal attacks.

D. The committee will stay positive and productive even when members disagree, demonstrating leadership characteristics appropriate for appointed leaders of the community.

E. All members will be given an equal opportunity to speak up and discuss the issues. 10 Agenda Item #9.9.

F. Committee members will refrain from negative body language in response to comments by committee members or the public.

G. The Chairperson will start the discussion with a different committee member for each agenda item.

H. When committee action is contemplated, the Chairperson will ensure that all committee members have had a chance to ask questions and make comments prior to entertaining any motion.

I. Any committee member who notices disruptive behavior may call "Points of Order'' and the Chairperson will address the behavior.

Committee/Staff Relationships and Conduct
A. Committee members shall recognize that the primary functions of staff liaisons are to execute actions taken by the committee and keep the committee informed.

B. Each committee member must recognize that only the full committee has power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the official conduct of City business. Individual committee members shall make no attempt to pressure or influence staff decisions, recommendations, workloads and schedules, and departmental priorities without the prior knowledge and approval of the committee as a whole.

C. Individual committee members shall not intrude into functions which are the responsibility of staff including, but not limited to, staff decision-making, staff recommendations, work schedules, and other day to day management/administrative operations.

D. Staff is obligated to take guidance and direction only from the committee as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual committee members to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to their management superiors, who may inform the committee as a whole of such attempts.

E. Committee members shall make every effort to avoid surprising the staff during public meetings. If there is an issue or a question a committee member has on an agenda item or a matter the committee member intends to bring up at the meeting, that member should contact staff prior to the meeting to alert them to the issue and state the question or concern.

F. Requests by committee members for information or assistance shall be responded to provided that, in the judgment of their management superior, such requests are not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the committee. In terms of making the judgment, the following guidelines shall be considered: 1) the request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; 2) the request should only impose a "one time" rather than ongoing work requirement; and 3) the response to the request should not require more than one staff person working on the issue in excess of one to two hours.

G. When staff response to a committee member's request involves written material which may be of interest to other committee members, the staff liaison will provide copies to all committee members. In deciding items of interest, the staff liaison will consider whether the information is significant, new or otherwise not available to the committee. 11 Agenda Item #9.9.

St Helena City Council, 8 Aug 2023
RE item 9.9 on this eve consent calendar:

I believe i have some relevant background information that should be considered in regard to the consideration of allowing Chair Ponte to remain Chair.

During my 4 year tenure at Planning Commission (as a member and also vice chair) I witnessed regular and habitual behavior by Commissioner Ponte and then Chair Ponte that I believed did not serve the City interests well. In fact I believe he clearly and regularly put the City at risk and also shaped negatively our very sustainability as a functioning body. I believe that evidence is clear and easily accessible.

This discourteous, disrespectful and unprofessional behavior was consistently directed at applicants and also fellow Planning Commissioners as well as staff. As a commissioner I repeated reached out to both the Planning Director and then Chair Ponte with the hopes of addressing and amending his approach but was regularly rebuffed. Members of the City staff have reached out to me with the same concerns. I have also spoken to various members of the City Council and the City manager in regard to this issue. I took this as clear demonstration that creating a healthy workplace for Commissioners and also a healthy environment for applicants and Citizens was simply not important enough to take the needed action.

I continue to believe that this dynamic appropriately should be considered and discussed by the Council and, at the very least, should not be on the consent agenda. I believe the lasting and detrimental effects of Commissioner Ponte’s regular demonstrations matter very much as we as a City face challenges. I have spoken to many in the community who feel the same but expressed various versions of “that would be personal, project or professional suicide as I intend to have items before the Planning Commission and cannot afford to put myself or my project in Chair Ponte’s crosshairs and risk retribution.” I believe knowing that dynamic is present in the community and doing nothing about it would be counterproductive. It effects those currently serving and projects in the planning stages and also will effect the City’s ability to foster an environment where they are able to recruit competent and effective Planning Commissioners in the future.

As I continue to hold on to the belief and (fleeting) hope that it is the understanding of, consideration of, and application of our CODE that should matter and be the guiding principle… and not one individual’s personal opinions or feelings on a project or aspects thereof.

I have always appreciated Mr. Ponte’s dedication to his position but I in no way feel he is an appropriate or productive fit in this position as Saint Helena struggles to make progress.

I appreciate your consideration.

Sincerely
Daniel Hale
Agenda Item #9.9.

Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Public Works
DATE: August 8, 2023
FROM: Mario Traverso, Public Works Assistant Engineer
SUBJECT: Consideration and proposed approval of a Resolution approving the annexation of the properties known as 2175 Palmer Drive, St Helena, CA (APN 009-690-014), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 142; 2125 Palmer Drive, St. Helena, CA (APN 009-690- 015), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 143; 1460 Grayson Avenue, St.

Helena, CA (APN 009-340-004), into the St. Helena
Municipal Sewer District No. 1, MSD Annexation No. 143; 1644 Grayson Avenue, St. Helena, CA (APN 009-280-024),
into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 144.

RECOMMENDED
ACTION:

It is recommended the City Council adopt a Resolution
approving the annexation of the territories into the St Helena Municipal Sewer District No. 1 MSD.

PREVIOUS COUNCIL
ACTION:

City Council approved Resolution 2023-72 on June 27th
2023, requesting to set a public hearing for August 8th 2023, to consider objections to the proposed annexations as required by state law.

STATEMENT OF THE
PURPOSE:

Commence a public hearing to consider objections to the proposed annexations into the St. Helena Municipal Sewer District No. 1. Consideration and approval a Resolution approving the proposed annexations if the proposed
annexations are found to be beneficial for the properties.

FINANCIAL IMPACT: What is the annual fiscal impact?
None
BACKGROUND:

Any property that wishes to connect and utilize the sanitary sewer system in the City of St. Helena must be annexed into the Municipal Sewer District No. 1. All applications for annexations shall be approved by the City Council pursuant to the requirements of state law (SHMC § 13.20.040). State law details the requirements in Health and Safety Code Section 4600. City Council approval of the annexation is the formal administrative process to change the property’s tax rate area code from septic to sanitary sewer. The process for a property to be annexed requires that a resolution be adopted ordering a public hearing by an affirmative vote of at least two-thirds of all the members of the City Council (HSC § 4643). The resolution is required to contain the following information and finding:

Agenda Item #10.1.

(a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by an appropriate number. (c) Declare that the area to be annexed to the district will be benefited by such annexation.
(d) Name the time and place for the hearing of objections by any person interested in the proposed annexation, to the inclusion in the district of any land described in the resolution.

Once adopted, the resolution, together with the names of the members of the City Council voting for and against it, must be published for two successive weeks in a newspaper of general circulation and published in the City. The first publication shall not be more than 60 days nor less than 30 days prior to the date fixed for the hearing.

At the time established for the public hearing, the City Council will hear and consider any objections to the annexation and exclude any territory which in the Council’s opinion will not be benefited by the annexation. After making changes to the boundaries of the area to be annexed, if any, the City Council may then adopt a resolution approving the annexation of the Property into the District which will require at least four affirmative votes. Upon a determination by the Council that the Property will be benefited by the annexation; certified copies of the resolution will then be recorded and filed in the manner and with the same force and effect as provided in Section 4613. Upon recordation of the resolution, the Property annexed becomes a part of the District and is subject to all the liabilities and entitled to all the benefits of the District.

If the City Council approves the resolution following the public hearing on August 8th, 2023, City staff will then process the annexation with Napa County and the State Board of Equalization to change the tax rate area code for the property. Staff will work with the applicant to collect outstanding fees and obtain required permits.

DISCUSSION:

The public hearing notices to consider objections to the proposed annexation for August 8th 2023, were first published on July 3rd, 2023, and the second on July 17th 2023.

Additionally, notices of the public hearing and the Resolution were distributed within the area to be annexed not earlier than the 60th day or later than the 30th day prior to the hearing.

At the time established for the hearing, City Council will hear and consider any objections to the annexation and exclude any territory which in the Council’s opinion will not be benefited by the annexation. After making changes to the boundaries of the area to be annexed, if any, the City Council may then adopt a Resolution approving the annexation of the property into the District, which will require at least four affirmative votes. Upon a determination by the Council that the property will be benefited by the annexation, certified copies of the Resolution will then be recorded (HSC § 4613). Upon recordation of the Resolution the property annexed becomes a part of the District and is subject to all the liabilities and entitled to all the benefits of the District (HSC § 4648).

Agenda Item #10.1.

City Council is requested to consider the annexation from the following parties into the District:
2175 Palmer Drive, St Helena, CA (APN 009-690-014) applied to be annexed into the St.

Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 142; 2125 Palmer Drive, St Helena, CA (APN 009-690-015) applied to be annexed into the St.

Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 143; 1460 Grayson Avenue, St Helena, CA (APN 009-340-004) applied to be annexed into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 144; 1644 Grayson Avenue, St Helena, CA (APN 009-280-024) applied to be annexed into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 145; Location maps and descriptions for the properties are attached. Staff request City Council to consider the applicants' annexation requests and consider a Resolution approving the annexations. If the City Council approves the Resolution following the hearing, City staff will then process the annexation with Napa County and the State Board of Equalization to change the tax rate area code for the property. Properties will then become eligible to connect to the City's sanitary sewer system.

ENVIRONMENTAL REVIEW:

Properties that are annexed into the District and connect to the sanitary sewer system will be required to abandon existing septic systems in accordance with Napa County Environmental Health Services.

DOCUMENTS ATTACHMENTS:

Resolution - Municipal Sewer District No. 1 Annexation
Exhibit A - Palmer Drive
Exhibit A - 1460 Grayson Ave
Exhibit A - 1644 Grayson Ave
Agenda Item #10.1.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution of the City Council of the City of St. Helena to approve the annexation of the properties known
as 2175 Palmer Drive, St Helena, CA (APN 009-690-014),
into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 142; 2125 Palmer Drive, St Helena, CA
(APN 009-690-015), into the St. Helena Municipal Sewer
District No. 1, MSD Annexation No. 143; 1460 Grayson
Avenue, St Helena, CA (APN 009-340-004), into the St.

Helena Municipal Sewer District No. 1, MSD Annexation
No. 143; 1644 Grayson Avenue, St Helena, CA (APN 009-
280-024), into the St. Helena Municipal Sewer District
No. 1, MSD Annexation No. 144.

RECITALS
A. The property at 2175 Palmer Drive, St Helena, CA (APN 009-690-014) will benefit from annexation into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 142; and
B. The property at 2125 Palmer Drive, St Helena, CA (APN 009-690-015) will benefit from annexation into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 143; and
C. The owner of 1460 Grayson Avenue, St Helena, CA (APN 009-340-004) will benefit from annexation into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 144; and
D. The owner of 1644 Grayson Avenue, St Helena, CA (APN 009-280-024) will benefit from annexation into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 145; and
E. A public hearing regarding these proposed annexations was ordered on June 27th 2023, and duly noticed and held on August 8th 2023, at a regular meeting of the City Council of the City of St. Helena; and
F. All annexation fees have been paid; and
G. The City has complied with all laws applicable to these annexation proceedings, including without limitation Health & Safety Code Sections 4641.

Agenda Item #10.1.

RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:

1. The territories described in the attached Exhibit A, commonly known as 2175 Palmer Drive, St Helena, CA (APN 009-690-014); 2125 Palmer Drive, St Helena, CA (APN 009-690-015) 1460 Grayson Avenue, St Helena, CA (APN 009-340- 004); 1644 Grayson Avenue, St Helena, CA (APN 009-280-024) are hereby ordered annexed; and

2. The City Clerk shall cause a certified copy of this Resolution to be recorded with the official records of the County of Napa, pursuant to section 4647 of the Health & Safety Code.

Approved at a Regular Meeting of the St. Helena City Council on August 8th, 2023 by the following vote:

Mayor Dohring: __________
Vice Mayor Hall: __________
Councilmember Chouteau: __________
Councilmember Hardy: __________
Councilmember Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.1.

2125 Palmer Drive 2175 Palmer Drive
Agenda Item #10.1.

1460 Grayson Avenue
Agenda Item #10.1.

1644 Grayson Avenue
Agenda Item #10.1.

City Council
August 8, 2023
Agenda Item 10.1
Public Hearing – Sewer Annexation
2125 Palmer Dr., 2175 Palmer Dr.,
1460 Grayson Ave., & 1644 Grayson Ave.

Joe Leach, PE, Director of Public Works
Agenda Item #10.1.

Scope of Action
• Public Hearing for the purposes of annexing 4 parcels into the St Helena Municipal Sewer District No. 1.
• Consistent with St Helena Municipal Code 13.20.040
• Once approved, filing with Napa County and State Board of Equalization
- only impacts 4 noted parcels; no adjacent properties
• Initial step to connect to sewer system
- applicant(s) responsible for all connection costs
- may be eligible for reimbursement for mainline extension - may be required to reimburse another property owner for previous mainline extension
Agenda Item #10.1.

2125 & 2175 Palmer Drive
Agenda Item #10.1.

1460 Grayson Avenue
Agenda Item #10.1.

1644 Grayson Avenue
Agenda Item #10.1.

Adopt Resolution of the City Council of the City of St. Helena to approve the annexation of the properties known as:
• 2175 Palmer Drive, St Helena, CA (APN 009-690-014), into the St.

Helena Municipal Sewer District No. 1, MSD Annexation No. 142; • 2125 Palmer Drive, St Helena, CA (APN 009-690-015), into the St.

Helena Municipal Sewer District No. 1, MSD Annexation No. 143; • 1460 Grayson Avenue, St Helena, CA (APN 009-340-004), into the St.

Helena Municipal Sewer District No. 1, MSD Annexation No. 143; • 1644 Grayson Avenue, St Helena, CA (APN 009-280-024), into the St.

Helena Municipal Sewer District No. 1, MSD Annexation No. 144.

Recommended Action
Agenda Item #10.1.

Agenda Report to the City Council
Agenda Section: OLD BUSINESS
Department: Administration
DATE: August 8, 2023
FROM: April Mitts, Assistant City Manager
SUBJECT: Proposed Updated Loan to Our Town St. Helena ("OTSH") for 5-unit affordable housing development at 963 Pope
Street.

RECOMMENDED
ACTION:

Approve the attached Resolution.

PREVIOUS COUNCIL
ACTION:

Resolution 2019-106, 8/27/19 - $450,000 temporary
funding, 0% interest, 24-month
Resolution 2021-103, 8/24/21 - 90-day loan extension for temporary funding
Resolution 2021-148, 11/23/21 - 1-year loan extension for temporary funding
Resolution 2021-152, 12/14/21 - $21,000 OTSH
reimbursement for interest payments to RCAC from
12/1/22 until 10/31/22
Resolution 2022-10, 2/8/22 - $250,000 permanent loan
Resolution 2022-103, 11/22/22 - 1-year loan extension for temporary funding
Resolution 2022-104, 11/22/22 - $14,400 OTSH
reimbursement for interest payments to RCAC from
11/1/22 until 10/31/23
6/27/23 - OTSH request to City Council for additional
funding for 963 Pope Street project

STATEMENT OF THE
PURPOSE:

To authorize the City Manager to enter into a new loan
agreement on behalf of the City consistent with the attached term sheet to provide total assistance in the amount of $1,000,000 for the development of a five-unit affordable housing development at 963 Pope Street.

FINANCIAL IMPACT: Previously the City Council authorized a total of $700,000 from the Affordable Housing Trust Funds (Fund 751 and
Fund 752) for this project. Of this amount, $450,000 is a temporary loan and $250,000 is a permanent loan;
however, the documents for the $250,000 have not yet
been executed.

If approved by Council, this action would result in a net increase of $300,000 from the Affordable Housing Trust
Funds (Fund 751 and Fund 752) and conversion of
Agenda Item #11.1.

temporary loan of $450,000 to permanent loan for a total permanent loan net impact of $1,000,000. Tables 1, 2, and 3 in the discussion section summarize the current and
projected balances of the Affordable Housing Trust Funds if approved.

BACKGROUND:

On June 27, 2023, Our Town St. Helena (OTSH) made a presentation to the City Council requesting the City Council allocate additional resources from its Affordable Housing Trust Funds for the development of the 963 Pope Street affordable housing project.

At this meeting, City Council provided the following feedback and direction:

1. Council supported increasing the principal amount of the existing temporary loan to OTSH for 963 Pope Street from $700,000 (comprised of the $450,000 temporary loan and the $250,000 permanent loan) to $1,000,000;

2. Council supported converting the $1,000,000 temporary loan to a permanent loan (resulting in an increase in the permanent loan from $250,000 to $1,000,000);

3. Provided direction to staff and the City Attorney to bring a term sheet outlining the proposed loan terms for consideration at a future Council Meeting with a resolution of support to demonstrate the City's funding commitment; and

4. Requested that the City Attorney provide examples of loan documents that would allow for conversion from temporary to permanent financing.

DISCUSSION:

As directed by City Council, the attached term sheet outlines proposed loan terms for consideration along with a resolution that would authorize the City Manager to enter into a loan agreement with OTSH with the terms set forth in the enclosed term sheet. The City Attorney will provide one or more examples of affordable housing loan agreements that provide for conversion of a short term loan to permanent financing separately, to give Council a general sense of the nature of these documents.

The proposed new terms would replace the existing $450,000 loan (which has already been disbursed) with a $1,000,000 loan. This would also supersede the prior $250,000 permanent loan commitment, which has not yet been commemorated in a loan agreement. The additional $550,000 in City loan funds would be used to pay off the RCAC loan, which is accruing interest. The City has been reimbursing OTSH for the interest payments since December 1, 2022. The full $1,000,000 would be due and payable within one year of the effective date of the loan agreement, but once OTSH secures financing for construction of the project, the City’s loan would be converted to permanent financing with a term of 55 years. The City’s loan would be forgiven at the end of the term. The City would also enter into a new regulatory agreement for the property that would ensure that 2 units would be rented to very low income households, 2 units would be rented to low income households, and one unit would be rented to a moderate income household.

Agenda Item #11.1.

If approved by City Council the financial impact will be a net increase of $300,000 committed from the Affordable Housing Trust Funds (Fund 751 and Fund 752). Under the City’s prior commitment the City would be repaid $450,000 upon completion of the project while $250,000 would be a long term (permanent) loan (for a total loan commitment of $700,000). Under the proposed new terms, the entire loan amount would be converted to permanent financing upon completion of the project, meaning there would be a $750,000 increase in permanent financing for a total permanent loan net impact to the Affordable Housing Funds of $1,000,000. Tables 1, 2, and 3 summarize the current and projected balances of the Affordable Housing Trust Funds if approved.

Table 1 - Adopted FY 2023/24 & FY 2024/25 Estimated Fund Balances Fund 751 - Affordable
Housing Trust Fund Fund 752 - Measure E
Estimated Fund Balance
@ 6/30/23 1,695,852 1,081,069
Estimated Fund Balance
@ 6/30/24 1,736,147 1,368,787
Estimated Fund Balance
@ 6/30/25 1,778,054 1,670,871
Table 2 - Summary of Committed Funds (if approved)
Fund 751 - Affordable
Housing Trust Fund Fund 752 - Measure E
Unavailable Long-Term
Receivables (1,249,684) (160,000)
OTSH Permanent Loan (250,000)
Remaining RCAC Interest
Payments (estimated) (23,400)
Encumbered through
Purchase Orders (17,082) (19,653)
OTSH Permanent Loan
(new request)* (300,000)
Total Committed Funds (1,540,166) (479,653)
Table 3 - Summary of Estimated Available Fund Balances
Fund 751 - Affordable
Housing Trust Fund Fund 752 - Measure E
Estimated Available
Fund Balance @ 6/30/23 155,686 901,416
Estimated Available
Fund Balance @ 6/30/24 195,981 889,134
Estimated Available
Fund Balance @ 6/30/25 237,888 1,191,218
Agenda Item #11.1.

The attached resolution authorizes the City Manager to execute all necessary documents for this loan.

DOCUMENTS ATTACHMENTS:

Resolution OTSH $1M Permanent Loan-c1
Agenda Item #11.1.

CITY OF ST. HELENA
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AUTHORIZING: (1) A LOAN TO OUR TOWN
ST. HELENA (OTSH) IN A TOTAL AMOUNT OF
$1,000,000 FOR THE DEVELOPMENT OF 963 POPE
STREET; (2) USE OF MEASURE E – AFFORDABLE
HOUSING TRUST FUNDS (FUND 751 AND FUND 752)
FOR THIS LOAN; AND (3) THE CITY MANAGER TO

EXECUTE ALL NECESSARY DOCUMENTS FOR THIS
LOAN.

WHEREAS, On August 27, 2019, the City Council authorized a loan from the Affordable Housing Trust Fund to Our Town St. Helena (OTSH) to assist with the acquisition of a property located at 963 Pope Street. The purchase price of the property was $850,000 for a 0.29-acre lot, zoned medium-density residential, with a 2-bedroom 1-bath house located near the front portion of the property. The property will be used solely for the use, operation, and development of affordable housing by constructing four additional units on the back half of the property for moderate-to low-income rental tenants; and
WHEREAS, The City and OTSH entered into a Housing Trust Fund Loan Agreement dated September 10, 2019, in the amount of $450,000 with zero percent interest, which funds were used to assist in the acquisition of the property; and WHEREAS, OTSH is currently leasing the existing unit on the property to a moderate income household, and desires to develop an additional four new units on the site to be leased to low income households; and
WHEREAS, City previously made an additional commitment to provide an additional long term loan of Two Hundred Fifty Thousand Dollars ($250,000.00) from the Affordable Housing Trust Fund to assist with the construction and development of the New Units subject to certain terms and conditions as agreed to between the parties; and
WHEREAS, OTSH has requested that City increase its loan for the proposed development to a total amount of One Million Dollars ($1,000,000.00), comprised of the original $450,000 loan, and an additional loan of $550,000. This loan would supersede the prior commitment to provide an additional $250,000 permanent loan.

Agenda Item #11.1.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council of the City of St. Helena hereby approves a loan in the total principal amount of $1,000,000 (including those loan funds already disbursed) from the Affordable Housing Trust Funds (Funds 751 and 752) to Our Town St. Helena for the development of a five unit affordable housing development at 963 Pope Street in accordance with the term sheet attached hereto at Attachment No. 1, and directs City staff, in consultation with the City Attorney, to prepare an amended and restated loan agreement consistent with the attached term sheet (the “Loan Agreement”).

SECTION 3. The City Manager is authorized and directed to execute an Amended Loan Agreement and to execute all documents and carry out such actions as necessary to make the loan and carry out Council’s direction as set forth herein.

SECTION 4. The City Council of the City of St. Helena Hereby authorizes an appropriation of $300,000 in FY 2023-24 to Fund 752 Measure E (Affordable Housing) Fund and $250,000 in FY 2023-24 (authorized via Resolution 2022-10) to Fund 751 Affordable Housing Trust fund on to make the loan as set forth herein.

Approved at a Regular Meeting of the St. Helena City Council on August 8, 2023, by the following vote:

Mayor Paul Dohring: ____
Vice Mayor Eric Hall: ____
Council Member Anna Chouteau: ____
Council Member Lester Hardy: ____
Council Member Billy Summers: ____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #11.1.

ATTACHMENT NO. 1
963 Pope Street – Term Sheet
Loan Agreement to Replace and Supersede City Acquisition Loan Agreement Parties to Agreement
▪ City of St Helena, “Lender”
▪ Our Town St Helena (OTSH), “Borrower”
▪ Assumable by future LLC (to be formed by Napa Valley Community Housing [NVCH] as administrative member; OTSH as managing member, pursuant to Memorandum of Understanding and Option to Purchase Agreement between OTSH and NVCH) Subject Property (“Property”)
▪ 963 Pope Street, St. Helena
▪ Assessor’s Parcel Number 009-090-069 (August 2021 merger of prior APNs 009-090-012 & -013)
Agreement Type
▪ Affordable Housing Trust Fund Acquisition Loan, to be converted to Permanent Loan upon satisfaction of certain conditions precedent
▪ Secured by Deed of Trust, Promissory Note
Loan Amount
▪ $ 1,000,000
▪ Includes existing $450,000 temporary acquisition loan and supersedes $250,000 permanent loan commitment
Loan Terms
▪ Acquisition Loan:
o Additional $550,000 (above the $450,000 already disbursed) will fund prior to October 1, 2023
▪ Borrower will use $550,000 to repay Rural California Assistance Corporation for interest-bearing acquisition loan
o Repayment of Acquisition Loan due 1 year from effective date of Loan Agreement unless converted to permanent financing; option to extend 1 year upon Borrower’s request provided Borrower demonstrates good faith efforts to close the construction financing on the Project, with City Manager’s approval o Full $1M Acquisition Loan will convert to permanent loan upon Borrower’s fulfillment of Conditions Precedent
▪ Permanent loan:
o Term: 55 years from effective date of Loan Agreement (runs concurrently with affordability covenants)
o Loan is forgiven at end of term
Agenda Item #11.1.

Interest Rate
▪ Zero percent
Other Loan Agreement Provisions
▪ Lender will agree to subordinate position to HOME loan, and other lenders if required (e.g., Poppy Bank)
▪ Lender will agree to enter into a RHNA sharing agreement with Napa County subject to County providing a loan to the project
Conditions Precedent to Conversion to Permanent Loan
▪ Loan will convert to permanent upon Borrower’s construction financing close ▪ Borrower will enter into a new regulatory agreement with same rent restrictions (2 very low income units; 2 low income units; 1 moderate income unit), reset to 55 years from effective date of Loan Agreement
Agenda Item #11.1.

Agenda Report to the City Council
Agenda Section: NEW BUSINESS
Department: Recreation
DATE: August 8, 2023
FROM: Dave Jahns, Parks & Recreation Director
SUBJECT: Consideration and proposed approval of a pilot Mural Permit Application and Public Art Donation and Installation Policy.

RECOMMENDED
ACTION:

Staff recommends City Council adopt a resolution allowing for the implementation of a pilot Mural Permit Application and Public Art Donation and Installation Policy.

PREVIOUS COUNCIL
ACTION:

To staff's knowledge there have been no previous Council actions specific to the review and permitting of public murals and art installations. In November 2020, City Council
approved an Acceptance of Donations and Charitable Gifts to the City Policy, which provides a framework for accepting donations to the City in various forms and dollar amounts.

STATEMENT OF THE
PURPOSE:

Staff is seeking City Council's approval to move forward with pilot programs to support community endeavors which bring more public art to St. Helena. The proposed review and permit processes are intended to provide a clear
framework for the applicant/donor as well as staff, and accompanying commissions, to consider art-related
donations and public art projects in and objective and
streamlined manner. The proposed mural permit and public art donation and installation program are initial steps towards supporting community art initiatives and a future comprehensive public art program.

FINANCIAL IMPACT: Most, if not all, expenses related to proposed artwork under these programs will be covered by the donor and/or
community organizer(s). Staff time will be incurred during the review process, as well as potential maintenance and installation oversight, but that is intended to be absorbed into existing staff's current work schedules. Staff time and budget implications will be part of the review process for each proposal. If approved, there is no anticipated impact to the approved Fiscal Year 2023-24 or 2024-25 budgets.

BACKGROUND:

Earlier this spring, staff met with community organizers who shared their interest in bringing forward public art to the community in the form of murals on local businesses in the downtown area. In similar conversations, staff met with the Beautification Foundation Agenda Item #12.1.

who shared there was a potential community donor for one or more sculptures to be placed in a public setting, such as a City park. Additionally, a local service organization has interest in supporting beautification of pedestrian pathways in the downtown core.

With all of this positive energy around increasing the amount of public art and vibrancy within our community, staff began work to draft a policy and application processes to review and approve public art requests.

At their July 17, 2023 meeting, the Parks and Recreation Commission received a presentation on these public art processes and recommended approval of the proposed mural permit and public art donation and installation policy. Under the proposed pilot programs, the Parks and Recreation Commission's role will be to review and recommend approval or denial of public art proposed to be installed in public spaces such as Cityowned parks, facilities, or right-of-way.

The creation of a mural permitting process and public art donation and installation policy are in line with the City Council’s adopted goals for Fiscal Year 2023-34, specifically objectives under goal 5.41, to support arts & culture initiatives and work towards establishing a comprehensive Public Art Policy.

Furthermore, the Public Art Donation and Installation Policy is consistent with General Plan Implementation Action AC1.C “Adopt an Art in Public Places program and ordinance to ensure that public art projects occur efficiently and in a way that meets citywide objectives.”
DISCUSSION:

Both the proposed Mural Permit Application and Public Art Donation and Installation Policy are intended to support community initiatives to bring more art to our community.

Staff has put in place a structure that allows for administrative review at a staff level, and utilize appropriate commission expertise, where necessary, to review proposals in a public forum.

Both programs are being presented as a one-year pilot program, as staff expects to learn from these processes and will continually review and update procedures as necessary, in order for the programs to remain successful for applicants, staff, and reviewing bodies.

At this time, staff is not proposing a fee for either application process which should act as an incentive to encourage art installations during the pilot program period.

Both program processes are summarized below, with more detail provided in the accompanying attachments:

Mural Permit Application (Proposals on privately-owned property):
• Application that includes the creator of the mural, approval from property owner, and detailed information about proposed artwork.
• Depending on the location, may require public noticing requirements.

Agenda Item #12.1.

• Approval or denial completed at the staff level: Community Development Director. • Appeals may be submitted to the City Council.
• No proposed application fees at this time.
• All installation costs are the responsibility of the applicant.

Public Art Donation and Installation (Proposals for City parks, facilities, right-of-way):
• Application detailing proposed artwork and location. Will include information about the artwork, creator, and individual or organization sponsoring the temporary or permanent donation of artwork.
• Initial review at staff level for feasibility of artwork installation and proposed location.
• Formal review and approval/denial with the Parks and Recreation Commission, or other applicable commission.
• Completion of City's Donation and Charitable Gifts application for those pieces that are intended to be permanently donated to the City.
• Appeals may be submitted to the City Council.
• No proposed application fees at this time.
• All installation, maintenance, and deaccession costs are the responsibility of the applicant.

Staff views both of these pilot programs as an initial step to support existing, and future, community initiatives that aim to bring more beauty, creativity, and vibrancy to our community. Staff will continue to study and develop a more comprehensive public art program which may include consideration of creating a St. Helena Arts Committee, and implementation of future development fees intended to support the purchase, curation, and/or placement of public art spearheaded by the City in partnership with the community.

Staff will bring back an update on a full public art program and potential percent for arts fee recommendation at a future City Council meeting.

ENVIRONMENTAL REVIEW:

There is no environmental impact with the proposed approval of these policies and application processes. Each artwork proposal will be individually reviewed for environmental and site impacts.

DOCUMENTS ATTACHMENTS:

Mural Application and Public Art Installation Resolution _08.08.2023 Mural Permit Application_ 2023
Public Art Donation and Installation Policy_08.08.23
Public Art Donation and Installation Application_2023
Acceptance of Donations to the City Policy_2020
Agenda Item #12.1.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution of the City Council
of the City of St. Helena
Approving a Pilot Mural Permit
Application and Public Art
Donation and Installation
Policy

RECITALS
A. The City recognizes that there is community
interest and support to increase art and
vibrancy within St. Helena through public
art installations; and
B. There is currently no adopted policy or
framework specific to the review and
permitting of public murals and art
installations; and
C. The creation of a mural permitting process
and public art donation and installation
policy are in line with the City Council’s
adopted goals to support arts & culture
initiatives and work towards establishing a
comprehensive Public Art Policy; and
D. The Public Art Donation and Installation
Policy is consistent with General Plan
Implementation Action AC1.C “Adopt an Art
in Public Places program and ordinance to
ensure that public art projects occur
efficiently and in a way that meets citywide
objectives; and
E. Staff proposes initiate a Mural Permit
Application and Public Art Donation and
Installation Policy as a pilot program, which
will be initial steps towards supporting a
future comprehensive public art program;
and
Agenda Item #12.1.

F. The pilot Mural Permit Application and
Public Art Donation and Installation Policy
are consistent with City Council Policy P-FI0020, Acceptance of Donations and Charitable Gifts to the City.

NOW, THEREFORE BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF ST. HELENA AS
FOLLOWS:

SECTION 1. Approves the City of St. Helena Mural
Permit Application and accompanying administrative review process.

SECTION 2. Approves the City of St. Helena Public
Art Donation and Installation Policy.

Approved at a Regular Meeting of the St. Helena City
Council on August 8, 2023, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
_____________ _____________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos,
City Clerk
Agenda Item #12.1.

1 ART MURAL PERMIT APPLICATION AND REVIEW PROCESS
Community Development Department
Planning Division
1088 College Ave.

St. Helena, CA 94574
(707) 968-2659
This application encourages the display of art murals on publicly visible or accessible areas on private property on a content-neutral basis under certain terms and conditions. Murals comprise a unique medium of expression that serves the public interest. Murals confer benefits including improved aesthetics, avenues for original artistic expression, public access to original works of art, community participation in the creation of original works of art, community-building through the presence of an identification with original works of art, education about the history of the City of St. Helena depicted in original works of art.

APPLICATION PROCEDURE
A. Murals shall only be permitted on:

1. Properties in commercial, industrial, service commercial, and mixed-use zones that are not zoned exclusively residential, and

2. Residential walls directly adjacent to a city-designated alleyway.

B. Any person, firm, corporation, or other entity desiring to place a mural on any property shall first submit an application to the Community Development Department. A mural permit application shall include the following information:

1. Name and address of the creator of the mural.

2. Name and address of the owner, operator, or person in possession of the premises where the mural is proposed to be located.

3. A detailed drawing or sketch of the proposed mural that is to scale and in color.

C. There are currently no mural permit fees required at this time.

D. The Community Development Department shall review each application for completeness. If the mural is located on a building included on the Historic Resources Master List or HP Overlay, an evaluation by an architectural historian of any potential impact to the integrity of the building is required to be submitted with the mural permit application. To determine if the building is on the Historic Master List, please email Senior Planner Aaron Hecock at [email protected] .

E. Noticing: The Planning Division on a case-by-case basis, depending upon the location of the art, shall determine public notification requirements for each art installation submittal. City notification could include mailing to property owners and tenants with a radius to be determined by Planning staff. Staff will notify City Council and City Management within five (5) days of receiving permit.

F. The Community Development Director’s decision to issue or deny the mural permit shall be final, unless any aggrieved party submits a written request for appeal of the City’s decision (along with any applicable appeal application and fees established by City Council resolution) to the City Council, care of the Office of the City Clerk, during City’s regular business hours, within 7 (seven) calendar days from the date of the decision.

G. A permit issued is granted for the specific design and one-time production of the mural as presented in the application. Any proposed alterations must be first submitted to the Community Development Director for review and re-issuance of the mural permit.

Agenda Item #12.1.

2 H. Applicants seeking approval of an art installation shall prepare their design with the following criteria in mind, such that the art incorporates consideration of the following:
 A location with visibility to the public.
 Context of the space with a relationship to the immediate area.  Demonstrates artistic merit and quality.
 Any mural proposal should not be commercial in nature or serve as a commercial advertisement.  Addresses technical issues such as wall quality, graffiti protection, vandalism and lighting.  Artistic value, created by an experienced artist with prior art experience. Artistic creation or painting of the art shall be completed by the artist. Student artists are acceptable as long as on-site guidance and oversight is provided by an experienced artist.  Community projects must be undertaken under the direction and on-site oversight of an experienced artist.  Design includes durable, graffiti resistant, and weather resistant materials.

CONTINUE TO PAGE 3

APPROVAL CRITERIA
Agenda Item #12.1.

3 Community Development Department
Planning Division
1088 College Ave.

St. Helena, CA 94574
(707) 968-2659

ART MURAL PERMIT APPLICATION
For additional information, zoning, forms & documents please visit us on the web at: www.cityofsthelena.org/planning PROPOSED MURAL INFORMATION:

Project Name_____________________________________________________________ Project Site Address_______________________________________________________ Assessors Parcel Number (APN)______—________—_______
Additional APN_______—________—_________

APPLICANT/ CREATOR(S) INFORMATION PROPERTY OWNER INFORMATION Name_______________________________ Name_______________________________ Address____________________________ Address____________________________ City________________________________ City________________________________ State__________Zip__________________ State________________Zip____________ Phone______________________________ Phone______________________________ Email_______________________________ Email_______________________________ Artist Website________________________
NOTE: Additional property owner(s) and/or applicant(s) information (name, address, phone number, email, and signature) shall be attached to the application. In the case of partnership, all general and limited partners shall be identified. In the case of a corporation, all shareholders owning 10% or more of the stock and all officers and directors shall be identified.

FILE NUMBER______________
BRIEF MURAL SUMMARY: (Please also complete the attached questionnaire on PAGE 6) _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Revised 7/11/23
ZONING___________________
Agenda Item #12.1.

4 PROPERTY OWNER(S) AUTHORIZATION
I/We, _____________________________________ hereby grant authorization to applicant to place a mural according to the statements in this application.

ACKNOWLEDGMENT: I understand that the granting of this permit is contingent upon compliance with all conditions of approval on the following page and other applicable City, State, and Federal regulations. I hereby certify that I have read the statements contained in this application and that they are true and correct.

In the event the City is required to take legal action to enforce any of the terms and conditions of this application, applicant and property owners agree to pay to City reasonable attorney fees and costs incurred in such action.

We, the owner and the applicant, will defend, indemnify, and hold the City, its agents, officers, and employees harmless from any claim, action or proceeding to attack, set aside, void or annul an approval of the City concerning the project, as long as the City promptly notifies the applicant of any such claim, action, or proceedings and the City cooperates fully in the defense. We have also reviewed the requirement to disclose the complete list of partners and/or shareholders.

Date:_____________________ Applicant’s / Creator’s Signature:________________________________________ Date:_____________________ Applicant’s / Creator’s Signature:________________________________________ Date:_____________________ Owner’s Signature:___________________________________________________ Date:_____________________ Owner’s Signature:___________________________________________________ CONTINUE TO PAGE 5

SUBMITTAL REQUIREMENTS
Detailed sketch of proposed mural to scale and in color (size 11x17) Photographs of proposed site and surroundings.

Agenda Item #12.1.

5 CONDITIONS OF APPROVAL:

Applicant and Property Owner: Please initial to acknowledge each condition below.

ALL MURALS MUST MEET ALL OF THE FOLLOWING REQUIREMENTS: Failure of both Applicant(s) and Property Owner to acknowledge each condition will render the application incomplete.

APPLICANT

INITIALS

PROPERTY
OWNER

INITIALS

1. A new mural shall remain in place, without alteration, for a minimum period to be determined by the applicant, but not less than one-year. A mural may be removed prior to the expiration of the permit under the following circumstances:
 The property on which the mural is located is sold; or  The structure or property is substantially remodeled or altered in a way that precludes continuance of the mural; or
 The property undergoes a change of use authorized by the Building Division, the Planning Division or the Planning Commission.

2. The mural shall not cause a pedestrian or vehicular safety hazard, including hazards in the form of impediments to the ingress and egress of pedestrians or vehicles during the production of the mural or in the form of a distraction to motorists. Prior to work occurring in the right of way, an approved encroachment permit shall be received from the Public Works Department. https://www.cityofsthelena.org/sites/default/files/fileattachments/public_works/ page/2491 encroachment_permit_fillable.pdf

3. A mural shall not be placed over the exterior surface of any building opening, including, but not limited to, windows, doors, and vents in such a way that blocks or restricts access to the opening.

4. No part of the mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

5. No part of the mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted, or affixed.

6. By the owner’s signature below, the owner of the property on which a mural is installed consents to its installation and agrees, jointly and severally with the applicant, to ensure that the mural will be installed and at all times maintained in full compliance with requirements of this application.

7. Mural proposals set forth in any application for a new mural or any application to modify the appearance of an existing mural or any other terms of an existing mural permit shall also comply with any and all written policies or guidelines adopted by the City Council resolution which are operative at the time a completed application is submitted, including the payment of all required fees. The permit fee may be waived or reduced if there is a demonstrated educational component, pursuant to a written curriculum submitted by the applicant that engages youth.

PROJECT ADDRESSS:

Date:_____________________ Applicant Signature:_______________________________________________ Date:_____________________ Artist Signature:___________________________________________________ Agenda Item #12.1.

6 QUESTIONNAIRE:

Please complete the following:

1. Briefly describe the proposed mural and its relation to the building, the surrounding neighborhoods and the community served by the business or agency where the mural will be painted. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

2. Describe the wall and site where the mural will be located, including the size of the mural in relation to the actual wall size, street intersection, direction the mural will face, physical condition of the wall (cracks, leaks, concrete, wood, etc.) and visibility to the public. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

3. Describe the sponsoring organization (if applicable) including a brief narrative, date established, community served and contact information.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

4. Specify type of paint or other materials to be used and include technical information about the material’s durability, longevity and toxicity. (Example: Sherwin Williams, Exterior Ultra) __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

5. If the mural will be attached to the wall, describe the materials and include a drawing of the attachment plan. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ CONTINUE QUESTIONNAIRE ON PAGE 7
Agenda Item #12.1.

7 QUESTIONNAIRE CONT.:

6. Briefly describe the lead artist’s experience working as a muralist and describe collaboration with community groups (if applicable).
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

7. List additional artists working on the project. Optional: for each artist, provide a resume or bio, and up to six (6) images of the artist’s work with an image list that includes the location, budget, year completed and a description of the artist’s role (e.g. lead, collaborator, assistant.) __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

8. Outline your safety plan for painting or installing the mural. Will you be blocking a public right of way such as a sidewalk or street? If you will use scaffolding, lifts or ladders, include a plan for maintaining access to sidewalks, streets and businesses and insuring the safety of the public and the artists. (Note:
if blocking sidewalk or public right of way, an approved encroachment permit from the City is required) __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

9. Attach letters of support from community, property owner and/ or surrounding businesses. (optional, but highly recommended)

10. What is the mural timeline for completion and lifespan? __________________________________________________________________________________ __________________________________________________________________________________

OFFICE USE ONLY

APPROVED
DENIED
REASON: ________________________________
SIGNATURE: ________________________
DATE: _____________________________
Agenda Item #12.1.

CITY OF ST. HELENA PUBLIC ART

DONATION AND INSTALLATION

PILOT PROGRAM

I. PURPOSE
The City of St. Helena (City) supports the placement of artwork in public places, recognizing the value of public art to our residents and visitors alike. The City recognizes that art provides cultural and economic benefits for residents and visitors. Therefore, it is important to promote, support and increase the creation of public art displays within the City of St. Helena to provide an opportunity for personal and community reflection, promote the City’s attributes and enhance its image for the enjoyment and benefit of the residents, businesses, employees and visitors.

II. OVERVIEW
This pilot program provides a process for approval of donated public artwork that will be donated or funded through private donation or grant, and are proposed to be installed in public spaces, City buildings and rights-of-way. This includes, but is not limited to, community initiated public art projects where a commercial property owner, artist, member of the public, a neighborhood group or other community organization and/or private donor who submit proposed installations of works of art.

The Parks and Recreation Commission will be the responsible entity for approving specific artwork/projects and may, from time to time, seek outside expertise to assist with its decisions. The purpose of these guidelines are to create a framework for both the donor and commission to follow in the application and review process including:

1. Procedures to review offers of artwork placement and maintenance

2. Criteria for artwork selection, location, and site selection

3. Process for removal or deaccession of artwork
Specific submittal requirements for proposed artwork/projects will be included with the application packet provided by the Parks and Recreation Department. All completed applications are to be submitted to the Director of Parks and Recreation for initial review and recommendation to the Parks and Recreation Commission. Proposals of artwork/projects on which do not receive Commission approval, may be appealed to the City Council if rejected by the Commission.

III. DEFINITIONS
A. Artist - An individual generally recognized by critics and peers as a professional practitioner of the visual arts as judged by the quality of the professional practitioner's body of work, educational background, experience, past public commissions, sale of works, exhibition record, publications, and production of Artwork.

B. Public Artwork - Any artwork which is publicly visible in a City-owned or managed space that is intended to enrich the public environment for both City residents and visitors. Artwork shall include, but not be limited to, sculptures, murals, paintings, graphic arts, mosaics, photography, crafts, mixed media, and environmental works.

C. Donor - The terms "donor", "donate" and all derivations thereof shall refer to the act of, and/or person responsible for, submitting proposal(s) for placement of Public Artwork in a Public Place, pursuant to this Policy and includes any form of proposal, including without limitation a proposed donation, lease, loan, license, gift, Agenda Item #12.1.

CITY OF ST. HELENA PUBLIC ART

DONATION AND INSTALLATION

PILOT PROGRAM

or as may otherwise be applicable for a given proposal.

D. Public Place – Any City-owned or managed structure or open space that is visible or accessible from a public right of way, such as sidewalks, streetscapes, plazas, parks, buildings, bridges, and recreational facilities. This policy shall govern public artwork in the following public places:
• City-owned or leased parks;
• City-owned or leased open building and facilities;
• City managed right of ways;
• City-owned or leased pathway or trail system.

IV. ROLES AND RESPONSIBILITIES
A. Parks and Recreation Department Staff:

1. Oversee and manage the ongoing operation of Public Art Donation and Installation Program

2. Propose, review and make recommendations to the Parks & Recreation Commission regarding all artwork/projects that meet the pilot program’s criteria;

3. Present appeals to the City Council for proposed artwork/projects that are rejected by the Commission.

B. Parks and Recreation Commission:

1. Review and approve or reject artwork/projects through public meetings to obtain input from the community;

2. Periodically review and make modifications, as necessary, to these guidelines used to implement and administer the program.

C. City Council:

1. Consider appeals of proposed non-City funded artwork/projects on public rejected or approved by the Parks and Recreation Commission.

D. Other City Departments:

1. Provide assistance as needed to implement the program and complete the approved artwork/projects. The types of assistance that may be provided include but are not limited to: technical advice, assistance with permits, policy enforcement and coordinating installations/removals of artwork.

E. Artists/Donors/Community Organizers:

1. Submit all materials requested on the application.

2. Conduct necessary research, attend meetings, participate in presentations, and make site visits when necessary.

3. Work closely with Staff and others involved in the artwork/project to help coordinate outreach, installation, and maintenance/repairs as stipulated in agreement with City staff.

4. Grant the City of St. Helena ownership of the piece in accordance with the City of St.

Helena’s Acceptance of Donations and Charitable Gifts Policy

5. Provide proper insurance (when deemed necessary) as stipulated by the City of St.

Helena’s Administrative Services Department.

6. Adhere to all other conditions as agreed upon and stipulated within the agreement V. APPLICATION PROCESS
A. Initiation of Proposed Projects/Artwork – Artists, donors, community organizers and/or others interested in collaborating on a public artwork/project may submit Agenda Item #12.1.

CITY OF ST. HELENA PUBLIC ART

DONATION AND INSTALLATION

PILOT PROGRAM

proposals for consideration or donation. Interested parties should submit a letter or email of intent to the Parks and Recreation Director by emailing [email protected] or mailing a proposal to 1574 Railroad Ave, St. Helena CA 94574. Initial outreach should include details or artwork being proposed and requested location. Completed applications are helpful, but not required at the initial outreach.

B. Application – Once deemed potentially feasible by the Parks & Recreation Department, the artists, donors, community organizers and/or others interested in collaborating on a public artwork/project shall submit a completed application to the Parks and Community Services Department. The application form will be due at the time of submission to the Parks and Recreation Department for initial screening and evaluation, using the considerations and eligibility requirements outlined below.

Applications may be routed to other departments and City administrative staff for additional review.

C. Parks and Recreation Commission Review – The Parks and Recreation Commission will approve or reject proposals based on the established considerations within these Guidelines. This process will take place in an open forum during a scheduled Parks and Recreation Commission meeting. Prior to, or during that meeting, the commission reserves the right to request assistance from established artists and/or creative professionals appointed as part of a Technical Assistance Panel (TAP). This panel will be selected and made known to applicant and commissioners prior to the public meeting.

D. Completion of City’s Donation and Charitable Gifts Application (only for proposals that are intended to be donated to the City) – Any donation to the City valued will follow the City’s adopted Donation Policy. Proposed artwork valued up to $10,000 may be reviewed and accepted at a staff level. Any donations over $10,000 require City Council approval and will be taken forward expeditiously for Council review.

E. Appeals - If applicable, City Council will consider appeals for artworks/projects not approved by Parks and Recreation Commission.

VI. ARTWORK/PROJECT CONSIDERATIONS, ELIGIBILITY REQUIREMENTS AND

STANDARDS
All projects and artwork considered through the City of St. Helena Public Art Donation and Installation Program, shall be reviewed utilizing the following considerations, eligibility requirements and standards.

A. General Artwork/Project Considerations - All proposals will be evaluated using the considerations listed below:

1. Qualifications: Artistst qualifications as demonstrated by past work and the appropriateness of their concepts to the particular project.

2. Quality: Design capabilities of the Artist and the inherent quality of Artwork.

3. Artistic Value: Public artwork shall have a recognized aesthetic value.

Agenda Item #12.1.

CITY OF ST. HELENA PUBLIC ART

DONATION AND INSTALLATION

PILOT PROGRAM

4. Media: forms of visual arts should be considered.

5. Style: Artists whose artworks are representative of all mediums, styles and tastes shall be considered.

6. Appropriateness to Site: Artwork designs shall be appropriate in scale, material, form and content to their immediate social and physical environments.

7. Size and Weight of Artwork: Public Artwork shall be of appropriate and suitable weight to sustain interaction with the public.

8. Community Enhancement: Artworks should address a commitment to enhancing public spaces, creating a sense of place and giving character to neighborhoods.

9. Permanence: Consideration shall be given to structural and surface integrity, permanence and protection of the proposed artwork against theft, vandalism, weather, excessive maintenance and repair costs.

10. Elements of Design: Consideration shall be given to the fact that Public Artwork is a genre that is created in a public context and that must be judged by standards that include factors in addition to aesthetic value. Public Artwork may also serve to establish focal points; terminate areas; modify, enhance or define specific spaces; establish identity; or address specific issues of urban design.

11. Community Values: While free artistic expression shall be encouraged, consideration must be given to the appropriateness of Artwork in the context of local community and social values.

12. Public Liability: Safety conditions or factors that may bear on public liability must be considered in selecting an Artist or Public Artwork.

13. Diversity: Public Artwork shall strive for diversity of style, scale, media and artists.

14. Maintenance: Consideration shall be given to the type and scope of maintenance necessary to preserve the public artwork.

B. Site/Placement Considerations – May include public spaces, rights-of- way or City facilities. The following will be used when evaluating and selecting site/placement and will include, but may not be limited to:

1. Installation: The Artwork shall be able to be properly installed in a Public Place where it can be viewed by the public in a safe manner.

2. Location: The Artwork shall be compatible with the design and location of the Public Place. The Artwork shall also be compatible with the historical character of the site as well as the preservation and integration of the natural features of the Artwork.

3. Site Infrastructure: The Artwork shall be compatible with the site infrastructure including, but not limited to, landscaping, drainage, grading, lighting and seating.

4. Impacts: The Artwork shall be compatible with adjacent property owners' views and uses of their property and City operations. Consideration shall be given to noise, sound, and light of the Artwork.

5. Accessibility: The Artwork shall comply with American with Disabilities requirements in addition to related federal, state and local codes.

Agenda Item #12.1.

CITY OF ST. HELENA PUBLIC ART

DONATION AND INSTALLATION

PILOT PROGRAM

VII. DEACCESSION OF ARTWORK/PROJECTS FROM THE CITY OF ST. HELENA ART

COLLECTION
The process for the removal, sale, relocation, and/or disposal of public works of art in the City of St. Helena art collection, including removal of the artwork from its public site may be considered for deaccession under the following conditions:
• Security: The condition or security of the Artwork cannot be reasonably guaranteed. • Theft: All stolen artworks will be documented through an official police report and a report prepared by the agency responsible for the site of loss. • Damage beyond repair: The Artwork has been damaged beyond repair, damaged to the extent that it no longer represents the artist’s intent, or damaged to the extent that the expenses of restoration and repair is found to exceed current market value of the artwork.

In the event the artwork is damaged, staff will prepare a report that documents the original cost of the artwork, estimated market value, and the estimated cost of repair. • Loss of site: Every attempt will be made to find a suitable location for every artwork in the City’s art collection; however, lack of siting or proper storage could merit deaccessioning. • Site alteration: for site-integrated artwork, if the site for which a piece of artwork was specifically created is structurally damaged or otherwise altered so that it can no longer accommodate the work, or if the piece is made publicly inaccessible by a change in its surrounding environment such as new construction or demolition, that artwork may be considered for deaccession.
• Temporary placement: The Artwork was purchased as a semi-permanent acquisition and the City’s obligation is terminated.
• Safety - The Artwork poses a danger to public safety.

In the event that works of art are threatened by any of the above criteria, staff will prepare a recommendation for deaccession of artwork for review, evaluation, and action by the Parks and Recreation Commission and if necessary, City Council.

Artists whose work is being considered for deaccession shall be formally notified by mail using the current address of record originally provided by the artist.

The Parks and Recreation Commission’s action regarding deaccessioned artwork will be transmitted to the City Manager’s Office.

VIII. SPECIAL PROCEDURES FOR HISTORIC SITES AND PROPERTIES When public art is part of a designated local historic site or property undergoing remodeling, or public art is considered for a designated local historic site or property, the following tasks and procedures are necessary:
• The Scope of Work for potential artworks being placed in, or part of, a designated historical space shall be developed with the input of the Community Development Department.
• Artists, donors, or community organizers shall research the historical, architectural, cultural and social character of the site or property to develop an understanding of the historical context.
• Public artists shall work with City Staff as necessary, to identify principles that Agenda Item #12.1.

CITY OF ST. HELENA PUBLIC ART

DONATION AND INSTALLATION

PILOT PROGRAM

balance preserving and reinforcing the prominent features of a site or property with adding vital new public art component(s).

IX. ADDITIONAL CONSIDERATIONS
A. Artistic Freedom of Expression: The City recognizes that free expression is an important component to an artwork's enduring quality. At the same time, artwork must be compatible to its location and context to community settings. It is the practice of the City to encourage free expression by artists consistent with due consideration of the value, aspirations, and character of the community
B. Non-Discrimination -The City recognizes that cultural and ethnic diversity is essential in programs sponsored by the City and seeks to be inclusive in all aspects. The City will not discriminate against any artist or donor based on race, gender, ethnicity, age, socioeconomic class, religion, sexual orientation, skills and abilities, and politics among other qualities.

C. Compliance with Laws - The City reserves the right to require that placement of Artwork in a Public Place comply with all applicable local, state, and federal laws.

Agenda Item #12.1.

CITY OF ST. HELENA PUBLIC ART DONATION AND

INSTALLATION APPLICATION
St. Helena Parks and Recreation Department
1574 Railroad Avenue St. Helena, CA 94574 (707) 968-9222 Date: ________________
Artwork Description: _______________________________________________________ Proposed Location: _______________________________________________________ Applicant Name: Applicant is the (check one):

Artwork Owner Artist
Non-Profit Rep Other:

Property Owner Name (if other than applicant): Community Organization Name (if applicable):

APPLICANT’S SIGNATURE: By signing below I certify that the information provided in this application is true and correct; and I have read and understand the application submittal requirements; I accept and will abide by the qualifications, terms and conditions set forth in this application, the City of St.

Helena, and by the Parks and Recreation Commission.

Name: Email:

Address: Phone #:

Signature: Date:

ARTWORK OWNER (S)’ SIGNATURES (attach additional sheets if necessary): By signing below I/We certify that the information provided within this application is true and correct and I/We are the owner(s) of the property located at the above mentioned project address and to the best of my/our knowledge, there are no current code enforcement issues on this property; I/We have read and understand the Application Submittal Requirements; I/We authorize the applicant listed above to apply for Commission approval and complete the work that is approved and will accept and abide by the conditions set forth in this application, the City of St. Helena, and by the Parks and Recreation Commission; and I/We hereby consent to the performance of the work at the project address listed above.

Name: Email:

Address: Phone #:

Signature: Date:

Name: Email:

Address: Phone #:

Signature: Date:

SUBMIT your completed application and required materials to the Parks and Recreation Department at the address below. You will be notified of the date and time the Commission will meet to review your submittal. Your attendance at the meeting is not required but is highly recommended. If you need help with the application or have questions, contact Parks and Recreation Department staff by calling (707) 968-9222.

Agenda Item #12.1.

CITY OF ST. HELENA PUBLIC ART DONATION AND

INSTALLATION APPLICATION
St. Helena Parks and Recreation Department
1574 Railroad Avenue St. Helena, CA 94574 (707) 968-9222 APPLICATION INSTRUCTIONS: In addition to the completed application, your submittal must include, but may not be limited to, the following information:

1. High Quality Images of the proposed art piece

2. Written description of proposed artwork, including but not limited to:
a. Dimensions;
b. Weight;
c. Materials
d. Installation process;
e. Expected life span;
f. Maintenance plan (include person(s) responsible for ensuring the upkeep, both financially and physically); and
g. Other physical characteristics or requirements.
h. Estimated Value

3. Sketch or map showing where proposed artwork will be located.

4. Notation of whether the artwork is intended to be permanently donated* to the City or loaned on a temporary basis.

For those applicants seeking assistance from the City, yoursubmittal must also include, but may not be limited to:
1) Detailed budget, including all costs associated with the design, creation, installation and maintenance of the proposed artwork and funding sources. 2) Written narrative indicating type of assistance requested needed to complete the donation and installation process .

For those applicants seeking approval to locate artwork on public property, rights-of-way or in City facilities, your submittal must also include, but may not be limited to:
1) Resume of person(s) who will design, create, and/or perform installation. If more than one person is involved, indicate who is responsible for overseeing the entire process. Resume must include, at minimum, artist’s name, contact information, qualifications, past experience, and references.
2) Project timeline.
*NOTE: Any artwork intended to be donated to the City on a permanent basis will require completion of the City’s Acceptance of Donations and Charitable Gifts Application.

Agenda Item #12.1.

City of St. Helena
Policy
Finance
Policy
Donation Policy
P-FI-0020

P-FI-0020
Title:

Acceptance of Donations
and Charitable Gifts to the
City
Policy # P-FI-0020
Revision # Release
Implementation Date 2020-11-25
Last Update Date 2020-11-24
Approval by City Council Resolution 2020-118 Date Approved 2020-11-24 I. Purpose, Overview, and Scope of this Policy
The purpose of this Policy (the “Donation Policy”) is to establish a policy that is consistent with the City’s strategic goals for accepting donations in a transparent and accountable manner from individuals, community groups, and businesses wishing to make donations to the City. This policy establishes uniform criteria and procedures to guide the review and acceptance of such donations, confirm the City has adequate resources to administer such donations, and ensure that the City appropriately acknowledges the generosity of the donor.

The City may accept or reject any gift or donation.

This policy does not replace reportable gift reporting as required under the Political Reform Act as outlined in California Government Code sections 91000-91014. The Fair Political Practices Commission (FPPC) requires all public officials and reporting employees to file a “Conflict of Interest Statement,” known as Form 700. Nor does this Policy replace City Council Standards of Conduct as adopted in the City Council Rules of Procedure for the Conduct of Council Meetings and Standard of Conduct.

II. Authority
Updates to this policy require City Council approval.

III. Policy

1. DEFINITIONS.

A. City or City of St. Helena shall mean and include the City of St. Helena, and any other affiliated agency created or activated by the City of St. Helena City Council, and any departments, boards and commissions thereof.

B. City Manager means the City Manager or their designee.

C. City Official shall mean every elected official, officer, agent, and employee of the City who is obligated to file an Annual Statement of Economic Interests FPPC Form 700) under state law or the City’s current conflict of interest code.

D. City Venue shall mean and refer to any facility owned, controlled, or operated by the City.

Agenda Item #12.1.

City of St. Helena
Policy
Finance
Policy
Donation Policy
P-FI-0020

P-FI-0020
E. Designated Donation shall mean monetary donations whose expenditure is restricted to a Donor-specified purpose, which may identify a particular City department, program, project, or other purpose as the beneficiary of the donation. For example: such donations may include the funds directed to support a public art initiative or support construction of a skate park.

F. Donation or Gift shall mean a monetary contribution, personal property, real property, equipment, or any other asset that the City has accepted and for which the donor has not received any legal consideration in return. For the purposes of this Policy, the terms “donation” and “gift” shall be synonymous.

G. Donor shall mean a person or legal entity that proposes to provide a donation to the City.

H. Endowment shall mean monetary donations that are restricted by the respective donor to the extent that only earnings, and not principal, may be expended by the City for the donor’s designated or intended purposes. Such donations are restricted donations in the sense that the donor-specified purpose is to preserve the corpus of the initial donation.

I. FPPC shall mean and refer to the California Fair Political Practices Commission.

J. Memorial is an item, object, or monument established to preserve the memory of a deceased person(s) or an event that occurred in the past.

K. Tribute shall mean an item, object, or gift designated to acknowledge the contributions of living people to society.

L. Undesignated Donation shall mean a donation made to the City by a donor without limitations or restrictions being placed upon its use.

2. TYPES OF DONATIONS.

A. Donations may be offered in the form of cash, real or personal property, or inlieu contributions.

B. Designated donations are those donations that the donor specified for a particular City department, location, or purpose.

C. Undesignated donations are those donations that are given to the City for an unspecified use.

3. CONSISTENCY WITH CITY INTERESTS AND CONSIDERATIONS
A. Designated donations may only be accepted when they have a purpose consistent with the City’s strategic goals and objectives and are in the best interests of St. Helena.

Agenda Item #12.1.

City of St. Helena
Policy
Finance
Policy
Donation Policy
P-FI-0020

P-FI-0020
B. The City must always consider the public trust and comply with all applicable laws when accepting donations.

C. Before accepting a donation, consideration will be taken for the initial and future expenditures that may be required for use and maintenance of the donation. The City Manager will quantify the costs associated with both restricted and unrestricted donations before a donation is accepted. For example, possible clean-up costs of hazardous materials will be considered before real property is accepted.

4. ACCEPTANCE OF UNDESIGNATED DONATIONS OF CASH OR TANGIBLE ITEMS.

All donations to the City, including offers to employees related to the City, shall immediately be submitted for consideration for acceptance. Based on the value of the donation offered as outlined below, appropriate City staff shall review every donation and determine whether the donation is consistent with the requirements of this Policy and if the benefits to be derived warrant acceptance of the donation. The following are the threshold amounts for donation acceptance.

A. Offers of donations of cash or items valued at $1,000 or below may be considered for acceptance by a Department Director.

B. Offers of donations of cash or items valued more than $1,000 and up to $10,000 may be considered for acceptance by the City Manager.

C. Offers of donations of cash or items valued more than $10,000 must be considered for acceptance by the City Council. Donations valued at more than $10,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council. The required written agreement may be incorporated into another agreement, such as a development agreement, if the donation is made as part of a proposed development or project. The Mayor and Vice Mayor shall review such offers of donation and provide a recommendation to the City Council.

D. Offers of donations for gratuitous purposes (e.g. holiday gift baskets, etc.) to any employee, department, or the City shall be made available to benefit all employees.

E. Offers of donations of wine and other alcoholic beverages shall be inventoried and placed in the City’s wine cellar for use at City-sponsored events or used for charitable purposes as authorized by the City Manager.

5. ACCEPTANCE OF DESIGNATED DONATIONS OF CASH OR TANGIBLE ITEMS.

Agenda Item #12.1.

City of St. Helena
Policy
Finance
Policy
Donation Policy
P-FI-0020

P-FI-0020
Based on the value of the donation offer as outlined in Section 4, appropriate City staff or the Mayor and Vice Mayor as provided in Section 4(C), will review the conditions of any designated donation and determine if the benefits to be derived warrant acceptance of the donation. Criteria for the evaluation include but are not limited to:

A. Consideration of whether an immediate or initial expenditure is required in order to accept the donation.

B. The potential and extent of the City’s obligation to maintain, match, or supplement the donation.

6. ACKNOWLEDGEMENT AND ACCOUNTING OF DONATIONS.

A. For all donations provided to the City under $10,000, a Donations Acceptance Form is required to be completed by the receiving Department Director, the Finance Department, or the City Manager’s Office in accordance with Section 4 (A) and Section 4 (B) of this Policy (form attached). The City Manager will acknowledge all donations by signing the designated space on the Donations Acceptance Form.

B. The City of St. Helena Finance Department is responsible for providing for the deposit and financial administration of any donation to the City. If necessary, the Finance Department shall track the proposed use of any such donation and shall maintain separate records of accounts showing receipts and disbursements if the donation is restricted.

C. A copy of the Donation Acceptance Form will be forwarded to donors by the receiving department and to the Finance Department.

D. Donations over $10,000 must be accepted by the City Council in accordance with Section 4 (C) of this Policy.

E. The Donor Acceptance Form, including donor names and donation amounts, are public information subject to disclosure pursuant to the California Public Records Act.

7. DECLINED DONATIONS.

A. The City of St. Helena reserves the right to decline any donation if, upon review, acceptance of the donation offer is determined at the sole discretion of the City to not be in the best interest of the City.

Agenda Item #12.1.

City of St. Helena
Policy
Finance
Policy
Donation Policy
P-FI-0020

P-FI-0020

8. DISTRIBUTION OF DONATION.

A. Tangible items will be distributed to appropriate City departments for use or, at the discretion of the Department Director or City Manager, disposed of in an appropriate manner according to this policy.

B. Donations of cash for designed donations will be deposited into the appropriate revenue account for the designated City department.

C. Donations of cash for undesignated donations under $5,000 will be deposited into the City’s General Fund Other Revenue account. Undesignated donations in an amount of $5,000-$25,000 will be designated to the Non-Profit Grant Program. Undesignated donations in an amount over $25,000 will be distributed at the direction of City Council.

9. DISPOSITION
Unless restricted otherwise in writing, the City may keep, sell, or dispose of a donation.

10. DISSEMINATION OF INFORMATION.

A. A copy of each Donation Acceptance Form for accepted donations shall be forwarded to the Finance Department and the designated department for which the donations was assigned.

B. Accepted donations above $5,000 shall be reported to the City Council in the Grant Report presented each quarter at a City Council meeting.

C. Each original Donation Acceptance Form shall be maintained by the City Clerk’s Office.

11. DONATIONS AS CHARITABLE CONTRIBUTIONS
A. When Qualified
i. A donation to the City may be tax deductible as a charitable contribution if the donation is made exclusively for a public purpose as described in the IRS Code at 26 U.S.C.§ 170(c)(1).
ii. The City does not provide legal, accounting, tax, or other such advice to donors. Each donor is ultimately responsible for ensuring the donor’s proposed donation meets and furthers the donor’s charitable, Agenda Item #12.1.

City of St. Helena
Policy
Finance
Policy
Donation Policy
P-FI-0020

P-FI-0020
financial, and estate planning goals. As such, each donor is encouraged to meet with a professional advisor before making any donation to the City.
iii. The City Manager will provide donors whose donations are accepted with a written statement that includes the following information required by the Internal Revenue Code 1.170A-13 and as described in IRS Charitable Contributions, Substantiation and Disclosure Requirements, Publication 1771. The City will not make a determination of whether the donation is tax deductible.

1. Name of donor/Name of organization

2. The amount of cash contribution

3. A description (but not the value) of non-cash contribution

4. Date of receipt

5. A statement that no goods or services were provided by the City in return for the contribution/donation, if that was the case

6. A description and good faith estimate of the value of goods or services, if any, that the City provided in return for the contribution/donation

12. ACCEPTANCE OF GIFTS TO EMPLOYEES AND/OR ELECTED OFFICIALS OF THE CITY.

A. Employees and officials of the City are required to be objective and fair in dealing with the public and persons or firms doing business with the City.

Employees shall not solicit or accept gifts or gratuities for the performance of their City job responsibilities.

B. No City official or employee shall directly or indirectly solicit, accept, or attempt to accept any money, fee, credit, gift, gratuity, object of value, or compensation of any kind which the official or employee knows, or has reason to know is being offered:
i. For the purpose of improperly obtaining or rewarding favorable treatment;
ii. With interest to influence the official or employee in the discharge of official duties;
iii. In consideration of having exercised official powers or performed official duties.

C. Anonymous gifts shall be delivered to the City Manager or designee for appropriate disposition.

Agenda Item #12.1.

City of St. Helena
Policy
Finance
Policy
Donation Policy
P-FI-0020

P-FI-0020
D. This policy does not prohibit a City official from accepting anything of value by way of a gift when such a gift is made to and accepted on behalf of, the City of St. Helena. All such gifts to the City shall be forwarded to the City Manager for compliance with this Policy whenever possible; the City Manager or designee will ensure that all such gifts are disposed of accordingly. An example of such gifts would be those received during holiday periods.

IV. Forms
A. City of St. Helena, California Donation Acceptance Form B. City of St. Helena, California Donation and Gift Policy Acknowledgement Agenda Item #12.1.

City of St. Helena
Policy
Finance
Policy
Donation Policy
P-FI-0020

P-FI-0020
CITY OF ST. HELENA - DONATION ACCEPTANCE FORM
Name of Donor: ________________________________________________________________ Address: ____________________________ City: ____________ State: _______ Zip: _________ Description of Donation: _________________________________________________________ ______________________________________________________________________________ Donor estimate of current value: ___________________________________________________ Potential immediate/initial acquisition or installation cost, on-going maintenance or replacement cost:
______________________________________________________________________________ Intended use: __________________________________________________________________ ______________________________________________________________________________ Conditions of acceptance or donor designation: _______________________________________ ______________________________________________________________________________ Remarks: ______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ City Department receiving donation: ________________________________________________ APPROVED □ DISAPPROVED□
_____________________________ _________________________ Date Department Head Signature
_____________________________ _________________________ Date City Manager Signature
_____________________________ _________________________________ Date Submitted to Council Date Approved by Council/Resolution No.

Agenda Item #12.1.

City of St. Helena
Policy
Finance
Policy
Donation Policy
P-FI-0020

P-FI-0020
CITY OF ST. HELENA - DONATION AND GIFT POLICY ACKNOWLEDGEMENT I have received and read the City of St. Helena Donation and Gift Policy P-FI-0020 and understand its provisions. I further understand that when I sign this acknowledgement form it will be placed in my personnel file.
_____________________________________
Employee (PRINT name)
_____________________________________
Signature
_____________________________________
Date
Agenda Item #12.1.

1422 Main Street
Saint Helena, CA 94574
unv.bluezonesproject.com
August 8th, 2023

City of St. Helena – City Council
1088 College Avenue
St. Helena, CA 94574

Re: Support for proposed pilot Mural Permit Application and Public Art Donation and Installation Policy

Dear Councilmembers:

Blue Zones Project Upper Napa Valley enthusiastically supports staff’s recommendation to adopt a resolution allowing for the implementation of a pilot Mural Permit Application and Public Art Donation and Installation Policy.

As part of the St. Helena Chamber & Beautification Foundation’s Downtown Art Committee, Blue Zones Project has been supporting the initiative to bring a mural to downtown St. Helena over the past year. Blue Zones Project understands the value that public place-making efforts add to the livability of communities, such as alleyway activation, murals, and the creation of additional open-air places for eating, entertainment, and strolling.

We encourage the city to move forward with a pilot program and eventually develop a formal public art policy.

Thank you for considering this important step to add public art to our community, support place-making opportunities, and nurture the creativity of St. Helena’s residents.

Sincerely,
Joaquin Razo Kelly Bond
Executive Director Public Policy Advocate
Agenda Item #12.1.

Public Art:

Mural Permit and
Public Art Installations
ST. HELENA CITY COUNCIL
AUGUST 8, 2023
Agenda Item #12.1.

Momentum Around the Arts
 Local organizations
 Chamber of Commerce
 Beautification Foundation
 Service clubs
 Private donors
Currently no adopted Public Art Policy
Donation and Charitable Gifts Policy
adopted in 2020
Agenda Item #12.1.

 City Council Goals
 Support arts & culture initiatives and
work towards establishing a Public Arts
Policy
 General Plan –Arts, Culture, Entertainment
 Adopt an Art in Public Places program to
ensure that public art projects occur
efficiently and meet citywide objectives.
 Urban Land Institute Report
 “Opportunities include raising ambition
for the public realm through an
expanded, walkable network…and an
increase of public art.”
Agenda Item #12.1.

Mural Permit & Public Art Installation
 Designed to support artists, artwork owners or community organizations who wish to create or donate artwork to be displayed in a public space
 Procedures
 Streamlined review process for community-led arts initiatives  Clear criteria for review and selection
 Process for removal or deaccession of artwork
 Initial step in creating a larger, more robust public art policy and program
 Designed as pilot programs
Agenda Item #12.1.

Mural Permit: Process Overview
*For mural proposals on commercial
property*

1. Application to Community
Development Dept.

2. Property owner approval

3. May require public noticing

4. Approval/denial at staff level

5. Appeals – City Council

6. No application fees
Agenda Item #12.1.

Public Art Donation & Installation:

Process Overview
*For artwork proposed on City Property*

1. Application to Parks & Recreation
Dept.

2. Initial staff review

3. Formal review at Parks and Recreation
Commission

4. Completion of City’s Donation and
Charitable Gifts application/process

5. Appeals – City Council

6. No application fees
Agenda Item #12.1.

Proposal Considerations and Criteria
 Qualifications/Quality/Aesthetic Value
 Medium / Elements of Design
 Appropriateness to Site
 Permanence
 Community Enhancement
 Diversity
 Maintenance
Site Placement Considerations
 Installation
 Location
 Impacts to Site/Existing Infrastructure
 Accessibility
Agenda Item #12.1.

Additional Considerations
 Technical Assistance Panel
 Permanent versus temporary
Historic sites and properties
 Deaccession of Artwork
 Temporary installations
 Safety & security
 Damage
 Site alteration
Agenda Item #12.1.

Next Steps
 Applications made available to the
Community
 Continued collaboration with community
organizations
Increased City participation and support of
adding public art to St. Helena
 Develop a comprehensive public art policy
and program - May include proposed future
development fees and consideration of an arts
committee/commission
Agenda Item #12.1.

Council Consideration
 Adopt a resolution approving the
implementation of a pilot Mural Permit
Application and Public Art Donation and
Installation Policy
Agenda Item #12.1.